Social Welfare (Consolidation) Act, 1981

Administration of benefit.

[1952, s. 47]

112.—(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.

(2) Regulations made under this section as to the time of payment of benefit may—

(a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf,

[1960 AM, s. 12; 1966 OI, s. 30; 1970, s. 15; 1973, s. 17]

(b) in respect of old age (contributory) pension, retirement pension invalidity pension, widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit or occupational injuries benefit (other than injury benefit) provide, notwithstanding anything in this Part, for adjusting the commencement and termination of benefit, or for changes in the rate of benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(c) provide for extinguishing the right to any sum payable by way of benefit where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.

(3) Regulations may also provide—

(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Part and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,

[1972, s. 9]

(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the benefit or pension as is payable by virtue of sections 21 , 32 , 81 , 86 and 91 respectively,

(ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 95 (1),

(iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 44 ,

(c) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.

(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations.