S.I. No. 374/1952 - Social Welfare (Claims and Payments) Regulations, 1952.

S.I. No. 374 of 1952.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) REGULATIONS, 1952.

The Minister for Social Welfare in exercise of the powers conferred on him by Sections 3 , 29 , 47 and 52 (4) of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf, and with the consent of the Minister for Posts and Telegraphs so far as relates to the payment of pensions through the Post Office, hereby makes the following Regulations:—

PART I.GENERAL.

1 Citation.

1. These Regulations may be cited as the Social Welfare (Claims and Payments) Regulations, 1952.

2 Commencement.

2. These Regulations shall come into operation on the 5th day of January, 1953.

3 Interpretation.

3. In these Regulations unless the context otherwise requires :—

" the Act " means the Social Welfare Act, 1952 ;

" the Minister " means the Minister for Social Welfare ;

" appropriate post office " means the post office at which a pension is payable in any particular case ;

" local office " means an employment exchange or other place appointed by the Minister as a local office for the purposes of the Act ;

" pension " means widow's (contributory) pension or orphan's (contributory) allowance, as the case may require ;

" pensioner " means a person to whom any pension is payable and

" pension order " means an order for the payment through the post office of a weekly sum on account of a pension.

PART II.CLAIMS.

4 Claims to be made to the Minister.

4. Every claim for benefit (including an increase thereof) shall be made to the Minister in the form for the time being approved by him for the purpose of the benefit for which the claim is made or in such other manner as the Minister may accept as sufficient in the circumstances of any particular case or class of cases.

5 Information to be given when making a claim for benefit.

5. Every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence for the purpose of deciding the claim as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.

6 Special provisions for claims for unemployment benefit:

6.—(1) Subject to any directions given by the Minister in any particular case or class of cases, a claim for unemployment benefit shall be made at a local office and every person who makes a claim for unemployment benefit shall when doing so lodge his insurance card at the local office.

(2) Where the Minister is satisfied that a claimant is unable or has omitted for good cause to lodge his insurance card he may dispense with the lodgment of the insurance card.

(3) In this article, the expression " insurance card " does not include an arrears card or an emergency card within the meaning of the Social Welfare (Collection of Contributions) Regulations, 1952.

PART III.PAYMENTS.

7 Time and manner of payment of disability unemployment, marriage and maternity benefit.

7.—(1) Disability benefit, unemployment benefit, marriage benefit and maternity benefit shall be paid in accordance with a decision under the provisions of the Act as soon as is reasonably practicable after such decision has been given and in the following manner :—

(a) in the case of disability benefit, marriage benefit and maternity benefit at the residence of the beneficiary or any other person to whom the benefit is payable on behalf of the beneficiary, by post or otherwise,

(b) in the case of unemployment benefit, at weekly intervals, in cash at the local office at which the claim is made, or by such other means or at such other place as may appear to the Minister to be appropriate in the circumstances of any particular case or class of cases.

(2) Notwithstanding anything contained in sub-article (1) of this article, the Minister may direct that—

(a) disability benefit, marriage benefit or maternity benefit shall, in particular cases, be paid at such time and place and subject to such conditions as he may determine,

(b) payments of unemployment benefit shall be made otherwise than at weekly intervals.

8 Time and manner of payment of pension.

8.—(1) Pensions shall be paid weekly in advance on the Friday of each week by means of pension orders payable in each case to the pensioner, at such post office as the Minister, after enquiry from the pensioner, may from time to time determine.

(2) Where a pension is payable by virtue of a decision under the Act the Minister shall—

(a) cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, the pensioner may obtain, either through the postmaster of the appropriate post office or otherwise, a book of pension orders, and

(b) notify the pensioner of the arrangements so made.

(3) The Minister shall arrange for the issue to every pensioner, whether by the postmaster at the appropriate post office or otherwise, of a fresh book of pension orders on the expiration of the previous book.

(4) Where by reason of any provision of the Act or of these regulations the day as from which payment of a pension would commence, or as from which a change in the rate of payment of a pension would take effect, is a day of the week other than a Friday, payment of the pension shall commence only, or the change in the rate of payment of the pension shall take effect only, as from the next Friday.

(5) Where the day on which a pension would cease to be payable is a day of the week other than Thursday, the pension shall continue to be payable in respect of the days of the week up to but not including the next Friday.

(6) A book of pension orders issued to any person shall remain the property of the Minister.

(7) Any person having a book of pension orders or any unpaid pension order shall, on the termination of the pension to which such book or order relates or when requested by the Minister, deliver such book or order to the Minister or to such person as he may direct.

(8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of cases or in all cases arrange for the payment of a pension otherwise than weekly in advance or otherwise than by means of pension orders payable to the pensioner.

9 Prescribed time for claiming marriage benefit, maternity benefit and pension.

9.—(1) The prescribed time for making a claim for benefit shall be—

(a) in the case of marriage benefit, three months from the date of the marriage ;

(b) in the case of maternity grant, three months from the date of the confinement ;

(c) in the case of maternity allowance, the period up to the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto ;

(d) in the case of a pension, the period of three months from the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto.

(2) Where a claimant proves that there was good cause for his failure to make the claim before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim.

(3) No sum shall be paid to any person on account of—

(a) marriage benefit where the claim is not made within six months after the date of the marriage ;

(b) maternity grant in respect of a confinement occurring more than six months before the date on which the claim therefor is made in accordance with these regulations ;

(c) maternity allowance or pension in respect of any period more than six months before the date on which the claim therefor is made in accordance with these regulations.

10 Disqualification where marriage benefit, maternity benefit or pension not claimed within the prescribed time.

10.—(1) Where a person fails to make a claim for marriage benefit, maternity benefit, or a pension within the time prescribed in article 9 of these regulations, he shall be disqualified for receiving—

(a) in the case of marriage benefit or maternity grant, any benefit ;

(b) in the case of maternity allowance

(i) where the claim is made before the end of the week of confinement, payment 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, payment in respect of any period before the beginning of the seventh week before the week in which the claim is made not being earlier than the commencement of the week of confinement.

(c) in the case of pension, payment in respect of any period more than three months before the date on which the claim is made.

(2) Where a claimant for marriage benefit, maternity benefit or pension proves that—

(a) on a date earlier than the date on which his claim was made, apart from satisfying the condition of making a claim, he was entitled to the benefit claimed, and

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

he shall not be disqualified under this article for receiving the benefit to which he would have been entitled if the claim had been made on the said earlier date.

11 Prescribed time for claiming unemployment benefit.

11.—(1) The prescribed time for making a claim for unemployment benefit shall be the day in respect of which the claim is made.

(2) Where a claimant for unemployment benefit satisfies the Minister that he was on a day earlier than that on which he made his claim, qualified to make the claim and that there was good cause for his failure to make the claim on that day, that day may be substituted for the day on which the claimant actually made his claim.

12 Extinguishment of right to sums payable by way of pension which are not obtained within the prescribed time.

12. The right to any sum payable by way of pension shall be extinguished where payment thereof is not obtained within three months or where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 8 of these regulations.

13 Information to be given when obtaining payment of benefit.

13.—(1) Every beneficiary and every person by whom or on whose behalf benefit is receivable shall furnish in such manner and at such times as the Minister may determine such certificates and other documents and such information affecting the right to such benefit or to the receipt thereof as the Minister may require and in particular shall notify the Minister of any change of circumstances which such beneficiary or person might reasonably be expected to know might affect the right to benefit, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.

(2) Where any sum is receivable on account of an increase of benefit in respect of an adult dependant the beneficiary shall, in such cases or classes of cases as the Minister may direct, furnish a declaration signed by such dependant confirming the particulars respecting him furnished by the claimant.

PART IV.DISABILITY BENEFIT AND UNEMPLOYMENT BENEFIT.

14 Disability benefit.

14.—(1) A person on becoming or again becoming incapable of work shall give to the Minister notice (in this article called " notice of incapacity ") in writing of that fact.

(2) The prescribed time within which notice of incapacity shall be given shall be seven days from the day on which the person became or again became incapable of work.

(3) Where a person fails to give notice of incapacity within the prescribed time he shall be disqualified for receiving disability benefit in respect of any period more than seven days before the date on which the notice is given.

(4) Where the Minister is satifised that there was good cause for delay in giving notice of incapacity he may extend the time within which such notice may be given, but in that event the person shall be disqualified for receiving disability benefit in respect of any period more than seven days before the commencement of the period throughout which there was good cause for delay in giving notice.

(5) Where a person who has given notice of incapacity fails or neglects for a period exceeding six months to submit medical or other satisfactory evidence of the incapacity, he shall be disqualified for receiving disability benefit in respect of such period.

(6) Where a person who has given notice of incapacity and has submitted medical or other satisfactory evidence of the incapacity fails or neglects for a period exceeding six months to continue to submit such evidence, he shall be disqualified for receiving disability benefit in respect of such period as from the end of the period for which he last submitted such evidence.

(7) Where the Minister is satisfied that there was good cause for delay in submitting or continuing to submit evidence of incapacity he may extend the period of six months to the date on which the evidence is submitted.

(8) Every extension of time for giving notice or submitting evidence of incapacity shall be subject to the condition that no disability benefit shall be paid in respect of any period more than six months before the date of the actual giving of the notice or submission of the evidence.

(9) In this article, the expression " seven days " means seven consecutive days, including Sunday.

15 Unemployment benefit.

15. (1) A claimant for unemployment benefit shall—

(a) attend at the local office at which be made his claim or at such other local office or place as may be appointed by the Minister on every working day at such times as the Minister may direct, and

(b) shall there sign a register as evidence of his being unemployed and

(c) shall furnish such further evidence or information as may be required in relation to his case.

(2) A claimant residing at a distance of more than two miles from the local office or other appointed place which is nearest or most convenient to his place of residence may be excused from attendance on such days as the Minister may direct.

(3) A claimant excused from attendance may be required to furnish evidence of being unemployed on the days in respect of which his attendance was excused or such further evidence or information as may be required in relation to his case.

(4) The Minister may in any particular case (or class of cases) and subject to such conditions as he thinks fit direct that a claimant (or claimants) be excused from attendance and from signing the register on any day on which he (or they) would otherwise have been required to attend and sign the register.

PART V.MISCELLANEOUS PROVISIONS.

16 Persons unable to act.

16.—(1) Where a claimant or beneficiary is unable for the time being to act or is a qualified child, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise under the Act.

(2) The following provisions shall apply to every appointment made by the Minister under this article of a person to act on behalf of a claimant or beneficiary—

(a) the Minister may at any time revoke the appointment,

(b) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,

(c) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the beneficiary has been appointed.

(3) A person appointed under this article to act for a claimant or beneficiary may exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise by or under the Act and may receive and deal with any sum payable by way of benefit on behalf of such claimant or beneficiary.

(4) Anything required to be done by or under the Act to a claimant or beneficiary may be done as respects a claimant or beneficiary who is unable to act or is a qualified child to the person appointed under this article to act for such claimant or beneficiary.

(5) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister and the Social Insurance Fund for any sums paid to such person on behalf of the claimant or beneficiary.

17 Payments on death.

17.—(1) On the death of a claimant or beneficiary the Minister may allow such person as he may think fit to proceed with or to make a claim for benefit in the name of such claimant or beneficiary.

(2) On the death of a beneficiary any sum payable in respect of benefit may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows :—

(a) Where the beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum.

(b) Where the beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(c) In the case of the illegitimacy of the beneficiary or any child of his, any person who in the opinion of the Minister would have been entitled to the said sum if the beneficiary or such child had been legitimate may, for the purposes of the preceding paragraph, be treated as a person beneficially entitled thereto.

(3) The receipt of any person of the age of sixteen years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Social Insurance Fund for the sum so paid.

(4) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of sixteen, he may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he will apply the sum so paid for the benefit of the person under the age of sixteen.

(5) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.

18 Notice of Marriage.

18. Every woman who, being an insured person, marries shall give notice to the Minister of her marriage not later than eight weeks thereafter, or, if she makes a claim for benefit before the expiration of that period, at the time of making such claim.

19 Breach of Regulations

19. A person who fails to comply with sub-article (7) of article 8 or sub-article (1) of article 13 of these regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, to a fine not exceeding ten pounds for each day on which the offence is continued.

GIVEN under the Official Seal of the Minister for Social Welfare this 23rd day of December, One Thousand Nine Hundred and Fifty-two.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.