First Previous (PART VI GENERAL PROVISIONS RELATING TO SOCIAL INSURANCE, SOCIAL ASSISTANCE AND INSURABILITY) Next (CHAPTER 3 Appointment and Duties of Social Welfare Inspectors)

27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 2

Provisions Relating to Entitlement

Overlapping provisions.

[1991, s. 43(1)]

209.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(c) disabled person's maintenance allowance, or

(d) infectious diseases maintenance allowance.

[1991, s. 43(1)]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in section 30(1) other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant,

(b) any assistance specified in section 118(1) other than supplementary welfare allowance,

(c) disabled person's maintenance allowance,

(d) infectious diseases maintenance allowance,

(e) any increase in the said benefit in respect of an adult dependant,

(f) any increase in the said assistance in respect of an adult dependant,

(g) any increase in the said benefit in respect of a qualified child, or

(h) any increase in the said assistance in respect of a qualified child.

[1991, s. 43(1)]

(3) For the purposes of this section—

(a) an increase of disabled person's maintenance allowance or an increase of infectious diseases maintenance allowance, may be regarded as a separate payment, and

(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.

[1991, s. 43(1)]

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

[1991, s. 43(1)]

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).

[1992, s. 50(2)]

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

(a) unemployment benefit,

(b) retirement pension,

(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.

[1991, s. 43(1)]

(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.

[1991, s. 43(1)]

(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

[1991, s. 43(1)]

(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

Payments after death.

[1981, s. 125 (1); 1991, s. 9(1)(a)]

210.—(1) In this section—

benefit” means—

(a) disability benefit,

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit,

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance,

(h) old age (non-contributory) pension and blind pension,

(i) unemployability supplement,

(j) supplementary welfare allowance,

(k) pre-retirement allowance,

(l) widow's (contributory) pension,

(m) lone parent's allowance,

(n) deserted wife's benefit,

(o) death benefit under section 60,

(p) carer's allowance;

[1991, s. 9(1)(b)]

relevant pensioner” has the meaning assigned to it by section 163(1).

[1991, s. 9(1)(b); 1993, ss. 10, 38(4)]

(2) Notwithstanding any provisions to the contrary in this Act—

(a) where a person who is in receipt of a benefit specified in paragraphs (a) to (k) of subsection (1) which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by that person's spouse of an old age (non-contributory) pension, a blind pension or a carer's allowance in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall, during that period, be made to such person and subject to such conditions as may be prescribed, and

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(c) where an adult dependant in respect of whom an increase of a benefit specified in paragraph (a), (b), (c), (g) or (j) of subsection (1) is being paid, or in respect of whom such an increase would be payable but for the receipt by the adult dependant of an old age (non-contributory) pension or a blind pension in his own right, dies, payment of such increase shall continue to be made for a period of 6 weeks after the date of death, and

(d) subject to paragraph (a), where a person is in receipt of carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention dies and the carer is not the spouse of that pensioner, payment of the carer's allowance shall continue to be made for a period of 6 weeks after the death of the relevant pensioner, and

(e) subject to paragraph (a), where a person is in receipt of a carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention, dies, and the carer is the spouse of that pensioner, any benefit payable under paragraph (a) shall include an increase in respect of an adult dependant provided that the person in receipt of the carer's allowance would otherwise have qualified as an adult dependant but for the fact that he was in receipt of the said allowance, and

(f) in any case where payment is made by virtue of paragraph (a) or (c), entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, survivor's benefit, death benefit under section 60 or 62 or entitlement to lone parent's allowance by virtue of being a widow or widower, shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) or (c) except and to the extent that regulations otherwise provide.

[1981, s. 158(2)]

(3) Subject to this section, payment of old age (non-contributory) pension shall continue to be made for a period of 6 weeks after the date of death of a beneficiary who had an increase under section 137 (a).

Absence from State or imprisonment.

211. —(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part II (including any increase thereof) for any period during which that person—

[1981, s. 129 (1)]

(a) is absent from the State, or

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

[1981, s. 129 (2)]

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 34(1), 45(1), 55(1), 87(1), 91(1) or 99(1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—

(a) is absent from the State, or

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

[1981, s. 129 (3)]

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

[1981, s. 129 (4)]

(4) Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.

[1981, s. 129 (5)]

(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 88 as periods of retirement.

[1992, s. 27(1); S.I. No. 76 of 1990, A.17]

(6) A person shall be disqualified for receiving unemployment assistance or pre-retirement allowance while he is—

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

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

[1981, s. 163 (1)(a); 1981AM, s. 8]

(7) Subject to subsection (8), a sum shall not be paid on account of an old age (non-contributory) pension or blind pension to any person while absent from the State.

[1981, s. 163(2)]

(8) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age (non-contributory) pension or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7) be made until either—

(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

[1981, s. 163(3)]

(9) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age (non-contributory) pension or blind pension while he is detained in prison in consequence of the order.

[1981, s. 180(1); 1990, s. 12(1); S.I. No. 272 of 1990, A.30(1)]

(10) Except where regulations otherwise provide, a person shall be disqualified for receiving widow's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance or lone parent's allowance, (including in the case of lone parent's allowance any increase for a qualified child) for any period during which he is undergoing penal servitude, imprisonment or detention in legal custody.

[1981, s. 180(2) S.I. No. 272 of 1990, A.30(1)]

(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any such period as is mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

[S.I. No. 272 of 1990, A.30(1)]

(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a lone parent's allowance, an increase in respect of a qualified child, shall, in such cases as may be prescribed, be paid to the prescribed person.

[1981, s. 186(1), (12)]

(13) (a) Where during any period a person is resident outside the State, the following provisions shall have effect—

(i) a pension shall not be granted to or in respect of that person,

(ii) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.

[1981, s. 186(2)]

(b) Nothing contained in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside that State—

(i) a pension being granted to or in respect of that person if a claim for that pension was made prior to that person becoming so resident, or

(ii) a pension granted by virtue of paragraph (a) being paid for any period prior to (but not after) that person becoming so resident, or

(iii) any arrears of a pension granted to or in respect of that person (being arrears due for a period prior to that person becoming so resident) being paid.

(c) In this subsection “pension” means a widow's (non-contributory) pension or orphan's (non-contributory) pension.

[S.I. No. 272 of 1990, A.30(1)]

(14) A person shall be disqualified for receiving lone parent's allowance, deserted wife's allowance and prisoner's wife's allowance while he is resident whether temporarily or permanently, outside the State.

[1981, s. 230(5); 1986, s. 17(1)]

(15) Child benefit shall be paid only within the State.