Social Welfare Act, 1991

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Payments after death.

9.—(1) Section 125 of the Principal Act is hereby amended by—

(a) the insertion in subsection (1) after paragraph (h) of the following paragraphs:

“(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 50,

(p) carer's allowance.”, and

(b) the substitution for subsection (2) of the following subsections:

“(2) Notwithstanding any provisions to the contrary in this Part or Part III or regulations made thereunder—

(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 a pension under Chapter 3 of Part III or a carer's allowance under Chapter 5B of Part III 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 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 a pension under Chapter 3 of Part III 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) 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, benefit under section 87, death benefit under section 50 or 52 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.

(3) In this section ‘relevant pensioner’ shall have the meaning assigned to it by section 198G (1).”.

(2) This section shall come into operation on the 1st day of July, 1991.