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7 1996

SOCIAL WELFARE ACT, 1996

PART IX

Miscellaneous Amendments

Regulations (payment of benefit beyond pensionable age).

35. —Section 206 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(3) Notwithstanding the provisions of this Act, regulations may provide for payment of benefit, in such circumstances and subject to such conditions and for such periods as may be prescribed, to a claimant or beneficiary who has attained pensionable age.”.

Supplementary welfare allowance — administration.

36. —Section 175 of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsections:

“(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 the functions, other than making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed, relating to supplementary welfare allowance and other functions performable under this Chapter.

(1A) Any categories of payment prescribed under subsection (1) shall be made by the Minister and regulations made under that subsection may apply to the whole State or to a specified health board or to a part of the functional area of a health board and may relate to supplementary welfare allowance generally or to supplementary welfare allowance payable by virtue of specific provisions in this Chapter.”.

Assessment of means for social assistance payments.

37. —(1) Paragraph (4) of Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the insertion in subparagraph (h) after “(including wages and profit from any form of self-employment)” of “other than from employment of a rehabilitative nature,”,

(b) the insertion after subparagraph (h) of the following subparagraph:

“(hh) in the case of a blind person, such amount as may be prescribed of his or her earnings from employment of a rehabilitative nature,”,

(c) the insertion in subparagraph (jj) (inserted by section 15 of the Act of 1994) after “of self-employment)” of “having deducted such amount in respect of social insurance contributions payable under Part II, childminding and travel expenses, which a deciding officer considers reasonable in all the circumstances of the case,”,

(d) the insertion in subparagraph (o) (inserted by section 18 of the Act of 1994) before “lone parent's allowance,” of “blind pension or”, and

(e) the insertion after subparagraph (p) (inserted by section 18 of the Act of 1994) of the following subparagraphs:

“(q) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 ,

(r) in the case of old age (non-contributory) pension, all moneys received, except and in so far as they exceed such amount as may be prescribed, under a scheme administered by the Minister for Agriculture, Food and Forestry and known as the Rural Environment Protection Scheme,

(s) in the case of a person who has attained pensionable age, any moneys received under a scheme administered by the Minister for Agriculture, Food and Forestry and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of the 30th day of July, 1992(1) ,”.

(2) Paragraph (1) of Rule 1 of Part III of the Third Schedule to the Principal Act is hereby amended by the insertion after subparagraph (j) (inserted by section 18 of the Act of 1994) of the following subparagraphs:

“(k) any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act, 1920,

(l) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 ,

(m) such amount as may be prescribed of earnings from employment of a rehabilitative nature,

(n) in such cases as may be prescribed, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992.”.

(3) (a) Rule 1 of Part II of the Third Schedule to the Principal Act is hereby amended by the insertion after paragraph (3) of the following paragraph:

“(3A) Regulations may modify the provisions of this Rule in relation to the calculation of the yearly value of property belonging to a person.”.

(b) Rule 1 of Part III of the Third Schedule to the Principal Act is hereby amended by the insertion after paragraph (2) of the following paragraph:

“(2A) Regulations may modify the provisions of paragraph (2) in relation to the calculation of the yearly value of property belonging to a person.”.

(c) Section 4(5) (as amended by section 11 of the Act of 1995) of the Principal Act is hereby amended by the insertion after “or 115(2),” of “or Rule 1(3A) of Part II of the Third Schedule and Rule 1(2A) of Part III of the Third Schedule,”.

(4) Each provision of the Principal Act mentioned in column (1) of Schedule I to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(5) Section 4 (4) (a) (as amended by section 11 of the No. 2 Act of 1995) of the Principal Act is hereby amended by the substitution for “Rule 1 (2) (m) and 1 (6) of Part I of the Third Schedule, Rule 3 (3) of Part II of the Third Schedule and Rule 2 of Part III of the Third Schedule,” of “Rule 1 (2) (m), 1 (2) (u) and 1 (6) of Part I of the Third Schedule, Rule 1 (4) (u) and 3 (3) of Part II of the Third Schedule and Rule 1 (1) (o) and 2 of Part III of the Third Schedule,”.

Student who reaches 22 years of age during academic year to be regarded as qualified child up to end of academic year.

38. —Section 2 of the Principal Act is hereby amended by the insertion after subsection (3) of the following subsection:

“(4) Notwithstanding subsection (3)(b)(iii)(II), a person receiving full-time education, within the meaning of the said subsection, who attains the age of 22 years during an academic year, within the meaning of section 126(2), shall continue to be regarded as a qualified child for the purposes of the said subsection, while receiving full-time education for the duration of the said academic year.”.

Increase of disablement pension where constant attendance is needed.

39. —Section 57 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsections:

“(1A) Subject to subsection (1B), regulations may provide for entitling to an increase of disablement pension under this section, a beneficiary who would otherwise be entitled thereto but for the fact that the beneficiary is in receipt of a disablement pension which is payable in respect of an assessment of less than 100 per cent.

(1B) Regulations for the purposes of subsection (1A) shall provide that an increase of pension payable by virtue thereof shall be payable at an amount less than the amount that would be payable in respect of an assessment of 100 per cent., and the amount of the increase of pension so payable may vary in relation to the degree of disablement assessed.”.

Social insurance fund (payment of fees).

40. —Section 5 of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) Any fees in respect of an audit of the Social Insurance Fund which are payable to the Comptroller and Auditor General in accordance with section 12 of the Comptroller and Auditor General (Amendment) Act, 1993 , shall be paid by the Minister out of that Fund.”.

Limitation period for proceedings.

41. —The Principal Act is hereby amended by—

(a) the substitution for section 280(4) of the following subsection:

“(4) Any proceedings to recover assistance due to the Minister as a debt due to the State under section 281(3) shall be maintainable against the estate of a deceased person if brought at any time within the period of 6 years commencing on the date on which the notice or the date on which the schedule of assets under paragraph (a) of subsection (1) is received by the Minister, whichever is the later.”,

and

(b) the insertion in section 281 after subsection (3) of the following subsection:

“(3A) Section 9 of the Civil Liability Act, 1961 , shall not apply to an action for the recovery of a debt due to the Minister or to the State under this Act.”.

Budgeting in relation to social welfare payments.

42. —Section 240 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) In this section ‘a specified body’ means—

(a) a local authority (for the purposes of the Local Government Act, 1941 ),

(b) any other body established—

(i) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body,

or

(c) such other body as may be prescribed.”.

Employment statements.

43. —Section 212 (14) of the Principal Act is hereby amended by the substitution of “ section 3 of the Terms of Employment (Information) Act, 1994 ,” for “ section 9 of the Minimum Notice and Terms of Employment Act, 1973 ,”.

OJ No. L215 of 30.7.1992