S.I. No. 272/1990 - Social Welfare (Lone Parent's Allowance and Other Analogous Payments) Regulations, 1990.


S.I. No. 272 of 1990.

SOCIAL WELFARE (LONE PARENT'S ALLOWANCE AND OTHER ANALOGOUS PAYMENTS) REGULATIONS, 1990.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 2 , 3 , 180 , 188 , 189 , 195 and 196 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by section 198F of that Act (inserted by section 12 of the Social Welfare Act, 1990 (No. 5 of 1990)), and after consultation with An Post, hereby makes the following Regulations:—

PART I General

1 Short title.

1. These Regulations may be cited as the Social Welfare (Lone Parent's Allowance and Other Analogous Payments) Regulations, 1990.

2 Interpretation generally.

2. In these Regulations, unless the context otherwise requires—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Act of 1990" means the Social Welfare Act, 1990 ;

"allowance" means a lone parent's allowance, deserted wife's allowance or a pensioner's wife's allowance, as the case may be;

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

"beneficiary" means a person entitled to a pension or an allowance, as the case may be;

"Chapter 5A of Part III of the Act" means Chapter 5A of Part III of the Act (inserted by section 12 of the Act of 1990);

"claimant" means a person who has made a claim for a pension or an allowance, as the case may be, or who could properly make such a claim if he were able to act;

"court" means a court to which either the Courts of Justice Acts, 1924 to 1961, or the Courts (Supplemental Provisions) Acts, 1961 to 1988 apply;

"pension" means a widow's (non-contributory) pension or an orphan's (non-contributory) pension, as the case may be;

"prison" or "place of detention" means a place to which either the Prisons Acts, 1826 to 1977, or the Criminal Justice Act, 1960 (No. 27 of 1960) applies or, in relation to another State, any analogous place in which a person is detained by order of a responsible authority in that State;

"responsible authority" means any court, Commission or Tribunal properly constituted according to the laws of a State in which a person has been commited to a prison or to a place of detention;

"section 198C of the Act" and "section 198D of the Act" means section 198C and 198D respectively of the Act (inserted by section 12 of the Act of 1990).

3 Commencement.

3. These Regulations shall come into operation—

( a ) on the 29th day of November, 1990 in the case of deserted wife's allowance, prisoner's wife's allowance and lone parent's allowance, other than lone parent's allowance payable in respect of a widow or a widower, and

( b ) on the 30th day of November, 1990 in the case of widow's (non-contributory) pension, orphan's (non-contributory) pension and lone parent's allowance payable in respect of a widow or a widower.

4 Revocation of regulations.

4. The Regulations specified in Schedule B to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.

PART II Lone Parent's Allowance

CHAPTER 1 Separated Spouse

5 Circumstances in which a person is to be regarded as being a separated spouse.

5. (1) A person is to be regarded for the purposes of Chapter 5A of Part III of the Act as being separated from his spouse if—

( a ) he and their children—

(i) are not being maintained by his spouse, or

(ii) are being maintained by his spouse, but at a rate per week which is less than the maximum scheduled rate of a lone parent's allowance appropriate to his family size, and

( b ) he and his spouse have lived apart from one another for a continuous period of at least three months immediately preceding the date of his claim for a lone parent's allowance.

(2) A separated spouse shall make and continue to make appropriate efforts, to the satisfaction of the Minister in the particular circumstances, to obtain maintenance from his spouse for himself and their children.

(3) In this article—

"spouse"—

( a ) in relation to a man who has been married more than once refers to his last wife only, and

( b ) in relation to a woman who has been married more than once refers to her last husband only;

"scheduled rate" means the rate of lone parent's allowance as set out at reference 5 in Part I of the Fourth Schedule to the Act (inserted by section 14 of the Act of 1990).

CHAPTER 2 Unmarried Person

6 Circumstances in which a person is to be regarded as being an unmarried person.

6. (1) A person is to be regarded for the purposes of Chapter 5A of Part III of the Act as being an unmarried person if, not being a married person, he is the parent of a qualified child.

(2) For the purposes of this article a "parent" shall include, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or under any other form of adoption as the Minister considers appropriate in the circumstances, the adopter.

CHAPTER 3 Prisoner's Spouse

7 Prisoner's spouse.

7. (1) A person is to be regarded for the purposes of Chapter 5A of Part III of the Act as being a prisoner's spouse if he is the spouse of a person who—

( a ) is in prison or place of detention, and

( b ) has for a period of not less than 6 calendar months immediately preceding the date of claim been in custody by order of court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 calendar months.

(2) For the purposes of sub-article (1) of this article a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.

8 Disqualification.

8. (1) A person who qualified for a lone parent's allowance by virtue of being a prisoner's spouse shall, subject to section 198E of the Act, be disqualified for receiving such an allowance if and so long as his spouse is released from custody.

(2) For the purposes of this article release from custody shall not include temporary release from custody on compassionate grounds.

CHAPTER 4 Normal Residence

9 Normal residence.

9. Subject to article 10 of these Regulations, a qualified child shall, for the purposes of the lone parent's allowance, be regarded as normally residing with a lone parent where—

( a ) he is resident with that lone parent, and

( b ) that lone parent has the main care and charge of him.

10 Residence in an institution.

10. (1) A qualified child who is resident in an institution shall be regarded as normally residing with a lone parent where that parent contributes towards the cost of the child's maintenance in the institution and with whom the child would, under this Chapter, be regarded as normally residing if the child were not resident in an institution.

(2) A qualified child may, in such circumstances as the Minister considers appropriate, be regarded as normally residing with a lone parent who is resident in an institution.

11 Interpretation.

11. In this Chapter "institution" means—

( a ) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary thereto,

( b ) any other establishment providing residence, maintenance or care for the persons therein, or

( c ) any prison, place of detention or other establishment to which articles 28 and 29 of these Regulations applies.

PART III Analogous Payments

CHAPTER 1 Deserted Wife's Allowance

12 Definition of desertion.

12. (1) A woman is to be regarded for the purposes of section 195 of the Act as having been deserted by her husband if—

( a ) her husband has of his own volition left her, and

( b ) she—

(i) is not being maintained by her husband, or

(ii) is being maintained by her husband, but at a rate per week which is less than the rate of deserted wife's allowance set out in column (2) of Part I of the Fourth Schedule to the Act, and

( c ) she and her husband have lived apart from one another for a continuous period of at least three months immediately preceding the date of her claim for deserted wife's allowance.

(2) A woman who has been deserted by her husband shall, for the purposes of section 195 of the Act, make and continue to make appropriate efforts, to the satisfaction of the Minister in the particular circumstances, to obtain maintenance from her husband.

13 Means.

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

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

CHAPTER 2 Prisoner's Wife's Allowance

14 Definition of prisoner.

14. (1) A man who is in a prison or place of detention shall be regarded as a prisoner for the purposes of section 196 of the Act if he has for a period of not less than 6 calendar months immediately preceding the date of claim been in custody by order of a court or a responsible authority, or is committed in custody by a court or a responsible authority for a period of not less than 6 calendar months.

(2) For the purposes of sub-article (1) of this article a certificate from a responsible authority shall be accepted as evidence of the duration of a period of custody.

15 Means.

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

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

16 Disqualification.

16. (1) A woman shall, subject to section 196 (3) of the Act, be disqualified for receiving a prisoner's wife's allowance if and so long as her husband is released from custody.

(2) For the purposes of this article release from custody shall not include temporary release from custody on compassionate grounds.

PART IV Administration

CHAPTER 1 Claims and Payments

17 Claims to be made to the Minister.

17. Every claim for a pension or an allowance (including an increase of allowance, where payable) 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.

18 Information to be given when making a claim for and obtaining payment of pension or allowance.

18. (1) Every person who makes a claim for a pension or 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 as such office or place as the Minister may direct.

(2) Every beneficiary and every person by whom or on whose behalf a pension or an allowance is receivable shall—

( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to pension or allowance or to the receipt thereof as the Minister may require, and

( b ) notify the Minister of any change of circumstances which affects the right to a pension or an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

19 Time for payment of pension or allowance.

19. (1) An allowance, other than a lone parent's allowance payable in respect of a widow or a widower shall be paid weekly in advance on the Thursday of each week.

(2) A pension or a lone parent's allowance payable in respect of a widow or a widower shall be paid weekly in advance on the Friday of each week.

(3) Where the day from which payment or a change in the rate of payment of—

( a ) an allowance, other than a lone parent's allowance payable in respect of a widow or a widower takes effect is a day of the week other than a Thursday, payment or the change in the rate of payment of the said allowance shall take effect as from and including the next Thursday,

( b ) a pension or a lone parent's allowance payable in respect of a widow or a widower takes effect is a of the week other than a Friday, payment or the change in the rate of payment of the pension or said allowance shall take effect as from and including the next Friday.

(4) Where—

( a ) an allowance, other than a lone parent's allowance payable in respect of a widow or a widower, ceases to be payable as from and including a day of the week other than Thursday, the said allowance shall continue to be payable in respect of the days of the week up to but not including the next Thursday,

( b ) a pension or a lone parent's allowance payable in respect of a widow or a widower, ceases to be payable as from and including a day of the week other than Friday, the pension or said allowance shall continue to be payable in respect of the days of the week up to but not including the next Friday.

20 Manner of payment of pension or allowance.

20. (1) A pension or an allowance shall be paid by means of an allowance order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.

(2) Where a pension or an allowance is payable the Minister shall cause arrangements to be made whereby, on furnishing evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of allowance orders.

(3) The Minister shall arrange for the issue to every beneficiary of a fresh book of allowance orders on the expiration of the previous book.

(4) A book of allowance orders issued to any person shall remain the property of the Minister.

(5) Any person having a book of allowance orders or any unpaid allowance order shall, on the termination of the pension or allowance to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.

21 Time and manner of payment of pension or allowance.

21. Notwithstanding anything contained in articles 19 and 20 of these Regulations, the Minister may in any particular case or class of case or in all cases arrange for the payment of a pension or an allowance otherwise than weekly in advance or otherwise than by means of allowance orders payable to the beneficiary.

22 Prescribed time for claiming pension or allowance.

22. (1) The prescribed time for making a claim for a pension or 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 pension or allowance.

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

(3) Where a claimant proves that there was good cause for his failure to make a claim for pension or allowance before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim.

(4) Where a claimant proves that—

( a ) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the pension or allowance claimed, and

( b ) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making the claim,

he shall not be disqualified under this article for receiving the pension or allowance to which he would have been entitled if the claim had been made on the said earlier date.

(5) No sum shall be paid to any person on account of a pension or an allowance in respect of any period more than six months before the date on which the claim therefor is made in accordance with these Regulations.

23 Extinguishment of right to pension or allowance not obtained within the prescribed time.

23. Where a pension or an allowance has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such pension or 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 receivable under article 19 or 21 of these Regulations.

24 Offences.

24. A person who fails to comply with sub-article (2) of article 18 or sub-article (5) of article 20 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.

CHAPTER 2 Payment to Persons other than the Claimant

25 Persons unable to act.

25. (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 the claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance.

(2) The Minister may at any time revoke an appointment made under this article and a person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(3) An appointment made under this article 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.

(4) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to a pension or an allowance and may receive and deal with any sum payable by way of a pension or an allowance on behalf of such claimant or beneficiary.

(5) Anything required to be done to a claimant or beneficiary in relation to a pension or 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 on his behalf.

(6) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.

26 Payments to appointed persons.

26. (1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant for or beneficiary of lone parent's allowance, so much of that allowance as is payable to the beneficiary or claimant in respect of a qualified child or qualified children by virtue of section 198C (1) of the Act.

(2) The Minister may at any time revoke an appointment made under this article and the person appointed may resign on giving to the Minister one month's notice of his intention to do so.

(3) The receipt of a person appointed under sub-article (1) of this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the applicant.

27 Payments on death.

27. (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 a pension or an allowance in the name of such claimant or beneficiary.

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

(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.

CHAPTER 3 Disqualification and Suspension.

28 Exception from disqualification during penal servitude, imprisonment or detention in legal custody

28. (1) The disqualification imposed on a person by—

( a ) subsection (1) of section 180 of the Act for receiving a widow's (non-contributory) pension, or

( b ) subsection (1) of section 198D of the Act for receiving a lone parent's allowance, or

( c ) subsection (1) of section 180 of the Act, as applied and modified by article 30 of these Regulations for receiving deserted wife's allowance or prisoner's wife's allowance,

for any period during which he is undergoing detention in legal custody shall not apply, subject to the provisions of sub-article (2) of this article, in respect of any period during which he (not being a criminal lunatic) is detained in any institution for the treatment of mental or infectious disease.

(2) Notwithstanding sub-article (1) of this article, subsection (1) of section 198D of the Act shall operate to disqualify for receiving an increase of lone parent's allowance a lone parent who is detained in an institution for the treatment of mental disease.

(3) Subject to the provisions of sub-articles (1) and (2) of this article, the said section 180 (1) or 198D (1) or section 180 (1), as applied and modified by article 30 of these Regulations, shall not operate so as to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody for receiving a widow's (non-contributory) pension or an allowance if—

( a ) the detention is in respect of him being charged with a criminal offence, and

(i) the charge is subsequently withdrawn, or

(ii) he is acquitted of the offence, or

( b ) in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(4) Notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of subsection (1) of the said section 198D for receiving a lone parent's allowance or for receiving an increase of lone parent's allowance, the increase of the said allowance shall be paid to any person appointed for the purpose by the Minister to receive and deal with any sums payable on account of such increase of lone parent's allowance for the benefit of the child in respect of whom the increase in the said lone parent's allowance is payable, and the receipt of any person so appointed shall be a good discharge to the Minister for any sum so paid.

(5) In this article "criminal lunatic" means a person who, in pursuance of an Order of the Minister for Justice, is removed to and detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945), or the Central Mental Hospital, Dundrum.

29 Suspension of payment during penal servitude, imprisonment or detention in legal custody

29. (1) Subject to the provisions of sub-articles (1) and (4) of article 28 and of sub-article (2) of this article, the payment of any widow's (non-contributory) pension or allowance—

( a ) which is expected from the operation of section 180(1) or 198D (1) of the Act or section 180 (1) of the Act, as applied and modified by article 30 of these Regulations, by virtue of the provisions of the said article 28, or

( b ) which is payable otherwise than in respect of a period during which the person is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while the person is undergoing penal servitude, imprisonment or detention in legal custody.

(2) A widow's (non-contributory) pension or an allowance to which the foregoing sub-article applies may nevertheless be paid during any such period to any person appointed for the purpose by the Minister to receive and deal with any sums payable on behalf of the beneficiary.

(3) Where by virtue of sub-article (1) of this article payment of a widow's (non-contributory) pension or an allowance is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 23.

PART V Miscellaneous Provisions

30 Application of the Act

30. (1) The provisions of the enactments mentioned in the first column of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in the second column of the said Schedule.

(2) In Schedule A a reference to "Chapter 5A of Part III" means Chapter 5A of Part III (inserted by section 12 of the Act of 1990).

31 Continuity.

31. (1) Where, immediately before the day or days appointed for the commencement of Part III of the Act of 1990, a person is in receipt of a specified payment, a lone parent's allowance shall be payable to that person from the day or days so appointed at the same rate as the specified payment which is payable to him immediately before the day or days so appointed.

(2) Any decision made by a deciding officer or by an appeals officer in relation to the award of a specified payment to a person prior to the day or days appointed for the commencement of Part III of the Act of 1990 shall be treated as if it were a decision to award a lone parent's allowance to such person on and from such appointed day or days.

(3) Where, immediately before the day or days appointed for the commencement of Part III of the Act of 1990, a person has applied for, but has not been awarded, a specified payment, such application shall from the day or days so appointed be treated for all purposes as if it was an application for a lone parent's allowance.

(4) Where, on the commencement of Part III of the Act of 1990, a person who was in receipt of a widow's (non-contributory) pension, deserted wife's allowance or a social assistance allowance, and was—

( a ) paying an employment contribution at the rate specified in—

(i) paragraph (a) of subsection (3) of section 36 of the Act of 1990, or

(ii) paragraph (a) of article 3 or paragraph (a) of article 4 of the Social Welfare (Modifications of Insurance) (Amendment) Regulations, 1990 ( S.I. No. 89 of 1990 ), or

( b ) paying a self-employment contribution at the rate specified in paragraph (a) of subsection (4) of section 36 of the Act of 1990,

becomes entitled to a lone parent's allowance by virtue of sub-article (1) of this article, the provisions of subsections (3) and (4) of section 36 of the Act of 1990 shall continue to apply to such person.

(5) In this article "specified payment" means—

( a ) a widow's (non-contributory) pension which includes an increase for a qualified child or qualified children,

( b ) a deserted wife's allowance which includes an increase for a qualified child or qualified children,

( c ) a prisoner's wife's allowance which includes an increase for a qualified child or qualified children,

( d ) a social assistance allowance,

( e ) a widower's (non-contributory) pension, or

( f ) a deserted husband's allowance.

SCHEDULE A

Article 30

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 section 195 or 196 or Chapter 5A 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), (b) (ii), (c), (d) 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 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 section 195 or 196 or Chapter 5A 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 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 section 195 or 196 or Chapter 5A 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,

( 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—

(ii) in respect of a lone parent's allowance so much of that allowance as is payable by virtue of section 198C (1) in respect of a qualified child or qualified children,

( 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.

Section 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A of Part III or under regulations made under or applying the provisions of section 195 or 196 or Chapter 5A of Part III or in any proceedings for the recovery of any sum due to the Minister, a decision on any question relevant to the proceedings given in accordance with section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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 queston 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 purposes of section 195 or 196 or Chapter 5A of Part III, any claim made by post shall be deemed to have been made on the day on which it was posted.

Subsection (1) ( a ) of section 142 of the Act.

142.—(1) A person shall be disqualified for receiving an allowance while he is resident, whether temporarily or permanently, outside the State.

Section 143A of the Act (as 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 section 195 or 196 or Chapter 5A 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 or any employer of the applicant 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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.

Subsections (1), (2), (3) and (4) of section 180 of the Act.

180.—(1) Except where regulations otherwise provide, a beneficiary shall be disqualified for receiving an allowance (including any increase for a qualified child, where payable) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment of an allowance to or in respect of any beneficiary during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) for receiving a lone parent's allowance which includes an increase in respect of a qualified child, such increase shall, in such cases as may be prescribed, be paid to the prescribed person.

(4) A deserted wife or a prisoner's wife shall not, if and so long as she and any person are cohabitnig as man and wife, be entitled to and shall be disqualified for receiving payment of a deserted wife's allowance or a prisoner's wife's allowance.

Section 187 of the Act.

187.—(1) Subject to regulations under section 195 (4) (b), 196 (5) or 198F (b) where a person becomes entitled to an allowance, the following provisions shall have effect—

( a ) in case a claim thereto is made before the expiration of three months after the date on which the person becomes entitled thereto, the allowance shall commence to accrue on that date,

( b ) in any other case, the allowance shall commence to accrue on the date on which the claim is made.

(2) Where the date on which an allowance would begin to accrue under subsection (1) 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 begin 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 (where payable) is paid under any of the provisions of section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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 section 195 or 196 or Chapter 5A 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.

Section 193 of the Act.

193.—Where—

( a ) in respect of any period unemployment assistance has been paid to a person who, though entitled to an allowance, is not at that time receiving payments on account thereof, and

( b ) the unemployment assistance would not have been paid if that person had then been receiving payment on account of the allowance, and

( c ) any sum (in this section referred to as the arrears) accruing in respect of any part of the said period on account of the allowance subsequently becomes payable to that person,

the Minister may reduce the arrears by an amount not exceeding the amount paid by way of unemployment assistance.

Section 194 of the Act.

194.—(1) Where—

( a ) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to an allowance, is not at that time receiving payments on account thereof, and

( b ) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of an allowance, and

( c ) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of an allowance subsequently becomes payable to that person, and

( d ) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under Chapter 5A of Part III or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a lone parent's allowance becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.

SCHEDULE B

Article 4

Regulations Revoked

Number and Year

Title

Extent of Repeal

(1)

(2)

(3)

S. R. & O. No. 609 of 1935

Widow's and Orphans' Pensions (Birth, Marriage or Death Certificates Regulations) Order, 1935

The whole Regulations

S. R. & O. No. 653 of 1935

Widow's and Orphans' Pensions (Administrative Expenses) Regulations, 1935

The whole Regulations

S. R. & O. No. 677 of 1935

Widow's and Orphans' Pensions (Appointed Days) Order, 1935

The whole Regulations

S. R. & O. No. 678 of 1935

Widow's and Orphans' Pensions (Claims and Payments Regulations) Order, 1935

The whole Regulations

S. R. & O. No. 48 of 1936

Widow's and Orphans' Pensions (Collection of Contributions for Excepted Persons) Regulations, 1936

The whole Regulations

S. R. & O. No. 115 of 1936

Widow's and Orphans' Pensions (References) Regulations, 1936

The whole Regulations

S. R. & O. No. 132 of 1936

Widow's and Orphans' Pensions (Calculation of Contributions) Regulations, 1936

The whole Regulations

S. R. & O. No. 133 of 1936

Widow's and Orphans' Pensions (Payment on Death) Regulations, 1936

The whole Regulations

S. R. & O. No. 96 of 1937

Widow's and Orphans' Pensions (Unified Society's Returns) Regulations, 1937

The whole Regulations

S. R. & O. No. 123 of 1937

Widow's and Orphans' Pensions (Appointed Day) Order, 1937

The whole Regulations

S. R. & O. No. 163 of 1937

Widow's and Orphans' Pensions (Excepted Employments) Order, 1937 (No. 2)

The whole Regulations

S. R. & O. No. 291 of 1937

Widow's and Orphans' Pensions (Full-Time Instruction) Regulations, 1937

The whole Regulations

S. R. & O. No. 235 of 1938

Widow's and Orphans' Pensions (Calculation of Contributions) Amendment Regulations, 1938

The whole Regulations

S. R. & O. No. 251 of 1938

Widow's and Orphans' Pensions (Date of Publication of Census) Order, 1938

The whole Regulations

S. R. & O. No. 253 of 1938

Widow's and Orphans' Pensions (Voluntary Contributors) Regulations, 1938

The whole Regulations

S. R. & O. No. 220 of 1939

Widow's and Orphans' Pensions (Full-Time Instruction) Amendment Regulations, 1939

The whole Regulations

S. R. & O. No. 9 of 1940

Widow's and Orphans' Pensions (Calculation of Means) Regulations, 1940

The whole Regulations

S. R. & O. No. 101 of 1944

Emergency Powers Order (No. 318), 1944

The whole Regulations

S. R. & O. No. 217 of 1946

Widow's and Orphans' Pensions (Excepted Persons) Regulations, 1946

The whole Regulations

S. R. & O. No. 221 of 1946

Widow's and Orphans' Pensions (Apportionment of Sums Received on Account of Contributions) Regulations, 1946

The whole Regulations

S. R. & O. No. 225 of 1946

Widow's and Orphans' Pensions (Collection of Contributions for Excepted Persons) (Amendment) Regulations, 1946

The whole Regulations

S. R. & O. No. 227 of 1946

Widow's and Orphans' Pensions (Voluntary Contributors) (Amendment) Regulations, 1946

The whole Regulations

S. R. & O. No. 248 of 1947

Widow's and Orphans' Pensions (Excepted Employment) Order, 1947

The whole Regulations

S. R. & O. No. 347 of 1947

Emergency Powers (Nos. 107, 381 and 382) Orders (Revocation) Order, 1947

The whole Regulations

S.I. No. 25 of 1953

Social Welfare (Window's and Orphans' (Non-Contributory) Pensions) (Application and Modification of Enactments) Regulations, 1953

The Whole Regulations

S.I. No. 277 of 1970

Social Welfare (Deserted Wife's Allowance) Regulations, 1970

The whole Regulations

S.I. No. 74 of 1972

Social Welfare (Deserted Wife's Allowance) (Amendment) Regulations, 1972

The whole Regulations

S.I. No. 190 of 1973

Social Welfare (Social Assistance Allowance) Regulations, 1973

The whole Regulations

S.I. No. 219 of 1973

Social Welfare (Payments to Appointed Person) (No. 2) Regulations, 1973

The whole Regulations

S.I. No. 178 of 1974

Social Welfare (Deserted Wife's Allowance) (Amendment) Regulations, 1974

The whole Regulations

S.I. No. 220 of 1974

Social Welfare (Prisoner's Wife's Allowance) Regulations, 1974

The whole Regulations

S.I. No. 122 of 1976

Social Welfare (Deserted Wife's Allowance) (Amendment) Regulations, 1976

The whole Regulations

S.I. No. 91 of 1978

Social Welfare (Social Assistance Allowance) (Amendment) Reglations, 1978

The whole Regulations

S.I. No. 92 of 1978

Social Welfare (Deserted Wife's Allowance) (Amendment) Regulations, 1978

The whole Regulations

S.I. No. 93 of 1978

Social Welfare (Prisoner's Wife's Allowance) (Amendment) Regulations, 1978

The whole Regulations

S.I. No. 281 of 1989

Social Welfare (Widower's (Non-Contributory) Pension and Deserted Husband's Allowance) Regulations, 1989

The whole Regulations

GIVEN under the Official Seal of the Minister for Social Welfare

this 20th day of November, 1990.

MICHAEL WOODS,

Minister for Social Welfare

EXPLANATORY NOTE.

Part III of the Social Welfare Act, 1990 provides for the introduction of a new lone parent's allowance scheme, which incorporates the existing unmarried mother's allowance, widower's (non-contributory) pension and deserted husband's allowance schemes and also the widow's (non-contributory) pension, deserted wife's allowance and prisoner's allowance scheme, in so far as they apply to women with child dependants. This new allowance also extends to separated spouses who do not qualify for deserted wife's or deserted husband's allowance under existing arrangements.

These Regulations, which come into effect on 30th November, 1990, in the case of lone parents who are widowed persons and from 29th November, 1990 in the case of all other lone parents, specify the circumstances which a person is to be regarded as being a separated spouse, an unmarried person or a prisoner's spouse for the purposes of the lone parent's allowance scheme. The Regulations also prescribed the circumstances in which child is to be regarded as normally residing with a lone parent

In addition, these Regulations consolidate and update the existing regulatory provisions relating to the widow's (non-contributory pension, orphan's (non-contributory) pension, deserted wife's allowance and prisoner's wife's allowance schemes. The Regulations also deal with a number of administrative matters relating to the making of claims, the method of payments, decisions, offences, disqualifications, continuity etc.