Social Welfare (Consolidation) Act, 1981

Adjusting payments of benefits.

[1952, s. 32]

131.—(1) Regulations may, in respect of cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—

(a) adjusting conditions for receipt of benefit,

(b) suspending the payment of benefit,

(c) reducing rates of benefit, or

(d) paying benefit otherwise than to that person

[1970, s. 13]

(2) Regulations may provide for adjusting any disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.

(3) Regulations may, in respect of cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—

(a) for adjusting disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or

(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.

(4) In subsection (3), the reference to a person being or having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.

[1960 AM, s. 19]

(5) Where a person who has attained pensionable age and is in receipt of a pension under Chapter 3 of Part III is awarded an old age (contributory) pension or a widow's (contributory) pension, any payment on foot of such first-mentioned pension in respect of a period in respect of which the old age (contributory) pension or the widow's (contributory) pension, as the case may be, is payable shall be treated as a payment on account of the old age (contributory) pension or the widow's (contributory) pension, as the case may be.

(6) Where a person who is in receipt of a pension under Chapter 3 of Part III is a person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1), any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension is so increased shall be treated as a payment on account of the old age (contributory) pension.