Social Welfare Act, 2000

Supplementary welfare allowance — transfer of functions.

31.—(1) The Principal Act is amended by—

(a) the substitution for subsection (1) (inserted by section 30 of the Act of 1999) of section 175 of the following subsection:

“(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of functions under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance which may be decided by a deciding officer under section 247(2)(b),

(b) functions relating to claims for supplementary welfare allowance decided by a deciding officer under section 247(2A), and

(c) making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed.”,

(b) the insertion in section 175 after subsection (3) of the following subsection:

“(4) Where any doubt or dispute arises as to whether an entitlement to supplementary welfare allowance is to be determined by an officer of the health board or decided by a deciding officer, it shall be resolved by the Minister.”,

(c) the substitution in section 247(2) (as amended by section 30 of the Act of 1999) for paragraph (b) of the following paragraph:

“(b) Part III (social assistance) excluding supplementary welfare allowance other than such categories of claims as may be prescribed under subsection (2B),”,

(d) the substitution in section 247(2) (as amended by section 30(1)(a) of the Act of 1999) for “(2A)” of “(2A) and subsection (2B)”,

(e) the insertion in section 247 after subsection (2A) (inserted by section 30(1)(b) of the Act of 1999) of the following subsection:

“(2B) Regulations may provide that the categories of claims for supplementary welfare allowance to be decided by a deciding officer shall be—

(a) claims made under section 178 in any case where a person has made an application for such benefit under Part II or such assistance under Part III as may be prescribed, and entitlement to that benefit or that assistance has not yet been decided or has been decided and that decision is the subject of an appeal under section 257, and

(b) claims under section 179 for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in such categories of cases as may be prescribed.”,

(f) the insertion in section 248 after subsection (1A) (inserted by section 30(1)(c) of the Act of 1999) of the following subsection:

“(1B) A deciding officer may, at any time revise a determination of an officer of a health board, including an officer of a health board designated under section 267(1), if it appears to him or her that the determination was erroneous in the light of new evidence or of new facts which have been brought to his or her notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him or her that there has been any relevant change of circumstances since the determination was given and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.”,

(g) the substitution in section 248(2A) (inserted by section 30 of the Act of 1999) for “(1A)” of “(1A) or subsection (1B)”, and

(h) the substitution in section 278(d) (inserted by section 30 of the Act of 1999) for “248(1A)” of “248(1A) and section 248(1B)”.

(2) This section comes into operation on such day as the Minister may appoint by order.