S.I. No. 139/1999 - Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 , 162 (as amended by section 17 of the Social Welfare Act, 1996 (No. 7 of 1996)) and 273A (inserted by section 31 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (Miscellaneous Provisions) Regulations, 1999.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 1998 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1999.

Definition.

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Amendment of Principal Regulations.

3. The Principal Regulations are hereby amended by—

(a) the insertion after article 107 of the following article:

“Decision of deciding officer.	107 A. (1) The decision of a deciding officer shall be in writing and signed by him or her.
	(2) Where the decision of the deciding officer is not in favour of the person, the deciding officer shall set out in writing the reasons for the said decision.
	(3) Subject to sub-article (4), the Minister shall, as soon as may be after the decision is made, cause a memorandum of—
	(a) the decision, and
	(b) where it is not in favour of the person, the reasons for the said decision
	to issue to the person.
	(4) In the case of a decision arising under section 247 (2) (a), other than decisions arising under sub-paragraphs (i), (ii) and (iii) of that section, the Minister shall, as soon as may be after the decision is made, cause a memorandum of—
	(a) the decision, and
	(b) the reasons for the said decision
	to issue to the parties who are subject to the decision.”, and

(b) the substitution for article 80 (as amended by article 6 of the Social Welfare (Consolidated Payments Provisions) (No. 10) (One-Parent Family Payment) Regulations, 1996 ( S.I. No. 426 of 1996 )) of the following article:

“Circumstances in which person to be regarded as being a separated spouse.	80. A person is to be regarded for the purposes of Chapter 9 of Part III as being a separated spouse if—
	(a) she and her spouse have lived apart from one another for a continuous period of at least 3 months immediately preceding the date of her claim for one-parent family payment and continue to so live apart,
	and
	(b) she makes and continues to make appropriate efforts, in the particular circumstances, to obtain maintenance from a liable relative.”.

	GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 4th day of May, 1999.
	DERMOT AHERN,
	Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide that decisions of Deciding Officers on claims shall be set out in writing and where the decision is unfavourable to the claimant, the reasons for the decision will be recorded. A memorandum of the decision will issue to the claimant and where the decision is unfavourable the reasons for the decision will be stated. In the case of a decision on insurability, the decision and the reasons for the decision will be given to all parties who are subject to the decision.

The Regulations also revise the circumstances in which a person is to be regarded as being a separated spouse for the purposes of entitlement to One-Parent Family Payment.