S.I. No. 242/1990 - Social Welfare (Carer's Allowance) Regulations, 1990.

Title

Modification

(1)

(2)

Paragraphs (a), (b), (c) and (i) of subsection (1) and subsection (2) of section 111 of the Act.

111.—(1) Every question arising—

( a ) in relation to a claim for an allowance,

( b ) as to whether a person is or was disqualified for an allowance,

( c ) as to the period of any disqualification for an allowance,

(i) on any such other matter relating to Chapter 5B of Part III as may be prescribed,

shall be decided by a deciding officer in accordance with Part VIII.

(2) A reference in this section to a question arising in relation to a claim for an allowance includes a reference to a question whether an allowance is or is not or was or was not payable.

Subsections (1), (2), (3) (a) and (c) and (4) of section 112 of the Act.

112.—(1) Provision may be made by regulations as to the time and manner of payment of an allowance, and as to the information and evidence to be furnished by beneficiaries and relevant pensioners when applying for payment of an allowance and, in consultation with An Post, for payment of an allowance in specified cases through An Post.

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

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

( b ) provide, notwithstanding anything in Chapter 5B of Part III, for adjusting the commencement and termination of an allowance, or for changes in the rate of an allowance, 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 an allowance 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 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 Chapter 5B of Part III and for authorising a person so appointed to receive and deal with any sum payable by way of an allowance on behalf of the claimant or beneficiary,

( c ) in connection with the death of any person, for enabling a claim for an allowance 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 an allowance, 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.

Sections 112A of the Act (inserted by section 3 of the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987)).

112A.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to an allowance by or in respect of that person.

(2) Regulations may specify the details which an employer shall furnish under subsection (1) and prescribe the manner in which such details shall be so furnished.

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable—

( a ) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

( b ) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

Section 113 of the Act.

113.—(1) Regulations may make provision in relation to matters arising—

( a ) pending the decision under Chapter 5B of Part III or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for an allowance or of any question affecting any person's right to an allowance or to receipt thereof, or

( b ) out of the effect of any appeal or revision of any decision under Chapter 5B of Part III or Part VIII on any such claim or question.

(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision—

( a ) for the suspension of an allowance where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,

( b ) for treating an allowance paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him.

Section 119 of the Act.

119.— In any proceedings for an offence under Chapter 5B of Part III or under regulations made under or applying the provisions of Chapter 5B of Part III or in any proceedings for the recovery of any sums due to the Minister, a decision on any question relevant to the proceedings given in accordance with Chapter 5B of Part III or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

( a ) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with Chapter 5B of Part III and Part VIII, and

( b ) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Section 128 of the Act.

128.—(1) It shall be a condition of any person's right to an allowance that he makes a claim therefor in the prescribed manner.

(2) Regulations may provide for disqualifying a person for the receipt of an allowance if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.

(3) For the purpose of Chapter 5B of Part III, any claim made by post shall be deemed to have been made on the day on which it was posted.

Subsections (1) (a) and (b) of section 142 of the Act.

142.—(1) A person shall be disqualified for receiving an allowance—

( a ) while he is resident, whether temporarily or permanently, outside the State, or

( b ) while he is undergoing penal servitude, imprisonment or detention in legal custody.

Section 143A of the Act (inserted by section 13 of the Social Welfare Act, 1985 (No. 5 of 1985)).

143A.—(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of Chapter 5B of Part III.

(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of an allowance and any question arising on or in relation to such allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for an allowance or the spouse of any employer of the applicant or a relevant pensioner to furnish him with such information and to produce to him such documents as he may reasonably require.

(3) A social welfare officer shall, for the purposes of Chapter 5B of Part III, have power to do all or any of the following things:—

( a ) to enter at all reasonable times any premises or place liable to inspection under this section,

( b ) to make such examination and enquiry as may be necessary for the purposes of Chapter 5B of Part III,

( c ) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of Chapter 5B of Part III, every person he finds in any such premises or place and to require every such person to sign a declaration of the truth of the matters in respect of which he is so examined.

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any applicant for an allowance, and the servants and agents of such occupier or other person, and any applicant for an allowance shall furnish to a social welfare officer all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare officer may reasonably require for the purposes of Chapter 5B of Part III.

(5) If any person—

( a ) wilfully delays or obstructs a social welfare officer in the exercise of any duty or power under this section, or

( b ) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

( c ) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a social welfare officer appointed under this section,

he shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment,

(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(6) Every social welfare officer shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this section shall, if so requested, produce the said certificate.

(7) The premises or places liable to inspection under this section are any premises or places where a social welfare officer has reasonable grounds for believing that—

( a ) persons are, or have been, employed, or

( b ) there are, or have been, self-employed persons,

and any premises or place where a social welfare officer has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.

Subsection (2) of section 187 of the Act.

187.—(2) Where the date on which an allowance would begin to accrue is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of allowances of that class are to be made, the allowance shall not beging to accrue until such prescribed day in the week occurring next after the first-mentioned day.

Section 188 of the Act.

188.—(1) Every person—

( a ) who, for the purpose of obtaining or continuing an allowance either for himself or for any other person, or for the purpose of obtaining or continuing an allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

( b ) who knowingly obtains payment of, or continues to receive, an allowance which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or

( c ) who knowingly obtains or receives any payment on account of an allowance which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) in relation to an allowance shall be disqualified for receipt of such allowance for a period of 3 months immediately following the date of the conviction.

(3) This section shall apply with the necessary modification in the case of a person to whom an allowance or an increase in respect of a qualified child is paid under any of the provisions of Chapter 5B of Part III for or for the benefit of any person.

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person an allowance was allowed or awarded or that the amount of an allowance payable to or in respect of a person was varied and that the allowance as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the allowance was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of an allowance of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the allowance of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the allowance is varied or further varied, as the case may be, or the date on which the allowance ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

(7) Regulations under Chapter 5B of Part III may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Section 192 of the Act.

192.—(1) If it is found at any time that a person has been in receipt of an allowance during any period during which that person was not entitled thereto, or has been in receipt of an allowance at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the allowance during such period or, as the case may be, a sum representing the difference between an allowance at the rate actually paid and an allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of an allowance to which the person subsequently becomes entitled.

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom an allowance is paid under any of the provisions of Chapter 5B of Part III for or for the benefit of any person.

(5) The power conferred on the Minister by this section to deduct from any payments on account of an allowance to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.