PART IX

Miscellaneous

36. —Section 198G (1) of the Principal Act is hereby amended by the substitution for the definition of “relevant pensioner” (inserted by section 8 of the Act of 1991) of the following definition:

“‘relevant pensioner’ means a person (other than a person in receipt of a payment in respect of need for constant attendance under section 46) who is so incapacitated as to require full-time care and attention, and who—

(a) is in receipt of—

(i) old age (contributory) pension,

(ii) invalidity pension,

(iii) old age (non-contributory) pension,

(iv) blind pension,

(v) a maintenance allowance under section 69 of the Health Act, 1970 , or

(vi) a payment corresponding to a pension referred to in subparagraph (i) to a person who has attained pensionable age, or in subparagraph (ii) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, or

(b) is in receipt of a retirement pension or who has attained the age of 65 years and is in receipt of a payment corresponding to a retirement pension from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307, where such person was, immediately prior to the receipt of such pension, in receipt of invalidity pension or a payment corresponding to an invalidity pension from another Member State of the European Communities or under such a reciprocal arrangement, or

(c) who has attained pensionable age and is in receipt of—

(i) death benefit by way of widow's or widower's pension,

(ii) death benefit by way of parent's pension,

(iii) retirement pension,

(iv) widow's (contributory) pension,

(v) deserted wife's benefit,

(vi) widow's (non-contributory) pension,

(vii) deserted wife's allowance,

(viii) prisoner's wife's allowance,

(ix) lone parent's allowance, or

(x) a payment corresponding to a pension referred to in subparagraph (i), (ii), (iii) or (iv) from another Member State of the European Communities, or under the legislation of any other State with which the Minister has made a reciprocal arrangement under the provisions of section 307;”.

37. —(1) The Principal Act is hereby amended by the repeal of—

(a) paragraph (i) of section 134 (1), and

(b) section 198.

(2) Notwithstanding Chapter 2A of Part III of the Principal Act and regulations made thereunder, where, immediately before the day appointed for the commencement of this section, a woman, who has not attained pensionable age, is in receipt of single woman's allowance by virtue of section 198 of the Principal Act, pre-retirement allowance shall be payable to her from the day so appointed at the same rate as the said single woman's allowance which is payable to her immediately before the day so appointed:

Provided that she continues to satisfy the conditions as to means prescribed for the purposes of Chapter 2A of Part III of that Act.

(3) For the purposes of subsection (2) a woman who is in receipt of single woman's allowance immediately before the day appointed for the commencement of this section shall be deemed—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act.

(4) Any decision made by a deciding officer or by an appeals officer in relation to the award of a single woman's allowance to a woman prior to the day appointed for the commencement of this section shall be deemed to be a decision to award pre-retirement allowance to such person on and from such appointed day.

(5) Where, immediately before the day appointed for the commencement of this section, a woman has applied for a single woman's allowance, and that application has not been finally determined, preretirement allowance shall be payable to her at the same rate as the single woman's allowance which, but for this section, would have been payable to her.

(6) Where, on the commencement of this section, a single woman is of or over the age of 56 years and under the age of 58 years, she shall, if she has not already qualified for pre-retirement allowance, be deemed for the purposes of the pre-retirement allowance—

(a) to be retired within the meaning of regulations made for the purposes of section 156C (2) (c) of the Principal Act, and

(b) to have complied with the requirement contained in section 156A (b) of that Act,

when she attains the age of 58 years.

(7) This section shall come into operation on such day as the Minister may appoint by order.

38. —Section 44 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) Subsections (1) and (2) shall, for any period for which the beneficiary is entitled to unemployability supplement, apply to a disablement pension as they apply to injury benefit.”.

39. —Section 232F (inserted by section 13 of the Social Welfare Act, 1984 ) of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) The Minister may by regulations vary—

(a) the amounts specified in section 232B, and

(b) the percentage rate specified in section 232C (1),

but any such variation shall not reduce the amounts or the percentage rate applicable immediately before the commencement of such regulations.”.

40. —For the avoidance of doubt, the provisions of paragraph (aa) (inserted by section 35 of the Act of 1991) of section 300 (5) of the Principal Act shall apply to new facts or new evidence relating to periods prior to and subsequent to the commencement of that paragraph.

41. —(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit, pension, assistance, allowance or supplement payable under the Principal Act as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.

(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.

42. —Section 298 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 19 of the Act of 1990) of subsection (12) of the following paragraph:

“(b) The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in such manner as he may determine from such panels to so sit when any questionwhich, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.”.

43. —Section 198C (inserted by section 12 of the Act of 1990) of the Principal Act is hereby amended by the insertion after subsection I (2) of the following subsection:

“(3) The weekly rate of lone parent's allowance shall be increased—

(a) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the allowance has attained pensionable age and is living alone, and

(b) by the amount set out in column (8) of Part I of the Fourth Schedule where the person entitled to the allowance has attained the age of 80 years.”.

44. —(1) Section 115 (1) of the Principal Act is hereby amended by the substitution for subparagraph (i) (as amended by section 31 of the Social Welfare Act, 1989 ) of paragraph (f) of the following subparagraph:

“(i) A person convicted of an offence under this subsection in relation to a benefit shall be disqualified for the receipt of any benefit, or any assistance (other than supplementary welfare allowance), or family income supplement for a period of 3 months immediately following the date of the conviction and such period of disqualification shall be treated as if it were a period in respect of which any such benefit, assistance or supplement was paid.”.

(2) This section shall not apply where the date of conviction occurs before the commencement of this Act.

45. —Section 227 of the Principal Act is hereby amended by the substitution in subsection (3) (as amended by section 17 of the Social Welfare Act, 1986 ) of “£1,000” for “£5”.

46. —The Principal Act is hereby amended by the substitution for section 215B (inserted by section 44 of the Act of 1991) of the following section:

“Recoupment of supplementary welfare allowance.

215B.—Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if hehad been in receipt of such relevant payment, and

(c) the health board has certified to the Minister the amount (in this section referred to as ‘the excess’) so paid in excess in respect of the said period by such health board,

the Minister may reduce any such benefit, pension, assistance, allowance or supplement, which is or may become payable to such person during the relevant continuous period of entitlement to the said benefit, pension, assistance, allowance or supplement, by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.

47. —(1) The Principal Act is hereby amended by the substitution for section 209 of the following section:

“Weekly or monthly supplements.

209.—(1) Subject to this Chapter, in the case of a person whose means are insufficient to meet his needs, regulations may provide for a weekly or monthly payment to supplement that person's income.

(2) Regulations under subsection (1) may prescribe the class or classes of persons to whom and the conditions and circumstances under which a payment under subsection (1) may be made and the amount of such a payment (either generally or in relation to a particular class or classes of persons).”.

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

48. —Section 28 of the Act of 1991 is hereby amended by the insertion after “For the purpose of” of “controlling and” and the said section, as so amended, is set out in the Table to this section.

TABLE

28.—For the purposes of controlling and investigating entitlement to any benefit, pension, assistance, allowance or supplement under the Principal Act or under schemes administered by or on behalf of the Minister for Social Welfare, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.

49. — Section 4 of the Social Welfare (No. 2) Act, 1985 , is hereby amended by—

(a) the deletion in subsection (1) of “Subject to subsection (2),”, and

(b) the deletion of subsection (2).

50. —(1) The Principal Act is hereby amended by the insertion after section 232F (inserted by section 13 of the Social Welfare Act, 1984 , and amended by section 39 ) of the following section:

“Receipt of claims.

232G.—(1) Regulations may provide for treating a claim for family income supplement as having been made on a date earlier than the date on which it is received, where it appears to the Minister that the claimant would have satisfied the conditions for entitlement to family income supplement during that period, but for the receipt by that person of unemployment benefit or unemployment assistance.

(2) Where—

(a) in respect of any period any unemployment benefit or unemployment assistance has been paid to or in respect of a person who, though entitled to family income supplement by virtue of subsection (1), is not in receipt of such supplement, and

(b) such benefit or assistance is in excess of the amount which would have been granted to that person if he had been in receipt of family income supplement,

the Minister may reduce any such supplement which is or may become payable to such person by the amount of the excess and such amount shall be treated as having been paid on account of the family income supplement.”.

(2) Section 130 (inserted by section 43 of the Act of 1991) of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection:

“(6) Where, but for this subsection, family income supplement and—

(a) unemployment benefit, or

(b) retirement pension, or

(c) unemployment assistance, or

(d) pre-retirement allowance,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.”.

51. —The following shall be subject to the sanction of the Minister for Finance—

(a) regulations for the purposes of section 19 (1A), 29 (1A), 100 (1) (bb), 100 (5), 136 (1), 137 (5) or 232G (1) of the Principal Act or Rule 2 (3) of the Third Schedule to that Act,

(b) regulations for the purposes of section 41 .

52. —An instrument or document—

(a) that—

(i) is made or issued under a provision of the Principal Act that is amended by this Act, or

(ii) relates to such a provision and is continued in force by section 312 of the Principal Act as if made or issued under that Act,

and

(b) that is in force immediately before the commencement of the amendment,

shall continue in force as if made or issued under the provision as so amended.