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26 2005

Social Welfare Consolidation Act 2005

PART 9

General Provisions Relating to Social Insurance, Social Assistance and Insurability

Preliminary

Definition.

[1933 s204’ 1996 s7 (3) & Sch C]

240. —Except where otherwise provided, in this Part—

“benefit” means—

(a) any benefit described in section 39 (1),

(b) any assistance described in section 139 (1),

(c) child benefit,

(d) family income supplement, or

(e) continued payment for qualified children.

Chapter 1

Claims and Payments

Claims.

[1993 s205(1)]

241. —(1) It shall be a condition of any person’s right to any benefit that he or she makes a claim for that benefit in the prescribed manner.

[1997 s32; 2005 (SW&P) s26 & Sch 4]

(2) Where a person fails to make a claim for benefit (including any increases of that benefit) within the prescribed time, he or she shall be disqualified for payment—

(a) in the case of old age (contributory) pension, retirement pension, widow’s (contributory) pension, widower’s (contributory) pension or orphan’s (contributory) allowance, in respect of any period more than 12 months before the date on which the claim is made,

(b) in the case of invalidity pension, in respect of any period more than 6 months before the date on which the claim is made,

(c) in the case of unemployment benefit, health and safety benefit, adoptive benefit, occupational injuries benefit (other than disablement benefit under section 75 , an increase in disablement benefit under sections 77 and 78 or death benefit by way of pension under sections 81, 82 and 83), carer’s benefit, bereavement grant, widowed parent grant, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension, one-parent family payment, carer’s allowance, farm assist and family income supplement, in respect of any period before the date on which the claim is made,

(d) in the case of disability benefit, or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,

(e) in the case of maternity benefit—

(i) where the claim is made before the end of the week of confinement, in respect of any period before the beginning of the week in which the claim is made,

(ii) where the claim is made after the end of the week of confinement, in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the beginning of the week of confinement,

and

(f) in the case of disablement benefit under section 75, an increase in disablement benefit under section 77 or 78 or death benefit by way of pension under section 81 , 82 or 83, in respect of any period more than 3 months before the date on which the claim is made.

[1998 s21(b)]

(3) Notwithstanding paragraphs (c), (d), (e) and (f) of subsection (2), in the case of a benefit to which those paragraphs apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

(a) on a date earlier than the date on which his or her claim for benefit (including any increase of benefit) was made, apart from satisfying the condition of making a claim, the claimant was entitled to benefit, and

(b) throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim,

he or she shall not be disqualified for receiving payment in respect of any such period referred to in paragraph (a) which does not exceed 6 months before the date on which the claim is made.

[1997 s32]

(4) A person who fails to make a claim for child benefit within the prescribed time shall be disqualified for payment in respect of any day before the date on which the claim is made unless a deciding officer or appeals officer is satisfied that there was good cause for delay in making the claim, in which case, child benefit shall be payable from the first day of the month following that in which the claimant became a qualified person within the meaning of section 220 .

[1997 s32]

(5) A claimant for disability benefit or injury benefit, who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period but where a deciding officer or an appeals officer is satisfied that there was good cause for delay in submitting or continuing to submit evidence of incapacity, the deciding officer or appeals officer may extend the period of 6 months to the date on which the evidence is submitted.

[1997 s32]

(6) Where a person fails to make a claim for continued payment for qualified children within the prescribed time, he or she shall be disqualified for receiving that payment.

[1997 s32; 1998 s21(c)]

(7) Notwithstanding subsection (2), the periods specified in that subsection in respect of which payment may be made before the date on which a claim is made may, subject to the conditions and in the circumstances that may be prescribed, be extended by a deciding officer or an appeals officer, as the case may be.

[1993 s205(3)]

(8) Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to that benefit, in the manner and subject to the conditions that may be prescribed.

[1993 s205(4)]

(9) For the purposes of this Act, any claim or notice made or sent by post or by any other method is deemed to have been made or given on the date of receipt of the claim or notice by an officer of the Minister.

Payments.

[1993 s206(1)]

242. —(1) Regulations may provide for—

(a) the time and manner of payment of benefit,

(b) the information and evidence to be given by a claimant or beneficiary when applying for payment of benefit, and

(c) in consultation with An Post, the payment of specified benefits through An Post.

[1993 s206(2)]

(2) Regulations made under this section as to the time of payment of benefit may provide—

(a) notwithstanding anything contained in this Act—

(i) in the case of specified benefits (other than child benefit), for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(ii) in the case of child benefit, for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made at different rates for different parts of a month,

(b) for extinguishing the right to any sum payable by way of benefit where payment of that benefit is not obtained within 6 months or any shorter period that may be prescribed from the time at which that sum is receivable in accordance with regulations.

[1996 s35]

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

Payment in respect of loss of purchasing power.

[1998 s11]

243. —(1) Where a person makes a claim for any benefit in accordance with section 241 and the payment of that claim is delayed for a period exceeding 12 months due solely or mainly to circumstances within the control of the Department of Social and Family Affairs and the person has not contributed to the delay, regulations may provide for a payment to be made in respect of the loss of purchasing power, subject to the conditions and in the circumstances that may be prescribed.

[1998 s11]

(2) In the case of a person to whom subsection (1) applies, the Minister may make regulations to provide for payment of an amount of costs, subject to the minimum and maximum limits that may be prescribed, actually and necessarily incurred by that person.

Payment to persons other than claimant or beneficiary.

[1993 s207(1); 1999 s17 & Sch D]

244. —(1) Regulations may provide—

(a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his or her behalf,

(b) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,

(c) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, farm assist, pre-retirement allowance, old age (non-contributory) pension, blind pension or disability allowance, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances but in no case shall the amount to be received and dealt with as provided for in this subparagraph exceed the total amount payable less the amount payable by virtue of section 43 (1), 66(1), 76(1), 112(1), 117(1), 122(1), 142(1)(b)(i), 150(1)(a), 157(1)(a), 211(1)(a) or 215(1)(a), as appropriate,

(ii) in respect of widow’s (contributory) pension or widower’s (contributory) pension so much of the pension as is payable by virtue of section 127 (1), or in respect of one-parent family payment, so much of the payment as is payable in respect of a qualified child by virtue of section 174 (1),

(iii) in respect of disablement pension, child benefit or family income supplement, so much of the pension, benefit or supplement as the Minister considers reasonable in the circumstances,

(d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in the person’s name, subject to the conditions that may be prescribed.

[1993 s207(2)]

(2) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid to or distributed among the persons appearing in the manner provided by the regulations to be entitled to receive that sum or any part of that sum, either as being persons beneficially entitled to that sum under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of those persons excluding the others.

Statutory declarations.

[1993 s208]

245. —Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in the form be verified by a statutory declaration and that the statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or any other person authorised by the Minister in that behalf.

Provision with respect to habitual residence.

[2004 (MP) s17 & Sch 1]

246. —(1) For the purpose of each provision of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless the person has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date.

[2004 (MP) s17 & Sch 1]

(2) In subsection (1) “other part of the Common Travel Area” means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.

[2004 (MP) s17 & Sch 1]

(3) The provisions of this Act referred to in subsection (1) are sections 141(9), 154(c), 163(3), 168(5), 173(6), 180, 192, 210(9) and 220(3).