Social Welfare Act, 1999

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Supplementary welfare allowance —transfer of functions.

30.—(1) The Principal Act is hereby amended by—

(a) the substitution in section 247 (2) for “This section” of “Subject to subsection (2A), this section”,

(b) the insertion in section 247 after subsection (2) of the following subsection:

“(2A) In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 11 of Part III.”,

(c) the insertion in section 248 after subsection (1) of the following subsection:

“(1A) A deciding officer who is a bureau officer may at any time make a decision revising a determination of an officer of a health board, including an officer of a health board designated under section 267(1), to entitlement to supplementary welfare allowance if it appears to the deciding officer that the determination ought to be revised having regard to the facts as they are established to the satisfaction of the deciding officer and the application of this Act to those facts and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.”,

(d) the insertion in section 248 after subsection (2) of the following subsection:

“(2A) Subsection (1A) shall not apply to a determination relating to a matter which is on appeal under section 257A or 267(1), as the case may require, unless the revised decision would be in favour of the claimant.”,

and

(e) the substitution for section 175(1) (inserted by section 36 of the Act of 1996) of the following section:

“175.—(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 functions performable under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance decided by a deciding officer, and

(b) making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed.”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule F 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).

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