Social Welfare (Supplementary Welfare Allowances) Act, 1975

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Number 28 of 1975

SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) ACT, 1975

ARRANGEMENT OF SECTIONS

Number 28 of 1975

SOCIAL WELFARE (SUPPLEMENTARY WELFARE ALLOWANCES) ACT, 1975

AN ACT TO PROVIDE FOR THE GRANTING OF SUPPLEMENTARY WELFARE ALLOWANCES TO PERSONS OF INSUFFICIENT MEANS AND TO PROVIDE FOR THE REPEAL IN PART OF THE PUBLIC ASSISTANCE ACT, 1939 AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [17th December, 1975.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—In this Act—

“the Act of 1939” means the Public Assistance Act, 1939 ;

“adult dependant” has the meaning assigned to it by section 10 of this Act;

“appointed day” means the day appointed by the Minister by order under section 28 of this Act to be the appointed day for the purposes of this Act and different days may be appointed for different purposes of this Act;

“beneficiary” has the meaning assigned to it by section 17 of this Act;

“child dependant” has the meaning assigned to it by section 10 of this Act;

“former beneficiary” has the meaning assigned to it by section 25 of this Act;

“health board” means a health board within the meaning of the Health Act, 1970 ;

“home assistance” means home assistance within the meaning of the Act of 1939;

“the Minister” means the Minister for Social Welfare;

“prescribe” means prescribe by regulations;

“public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960 and section 84 of the Health Act, 1970 ;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Act.

Entitlement to supplementary welfare allowance.

2.—Subject to the provisions of this Act, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.

Exclusion of persons receiving full-time education.

3.—(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.

(2) The provisions of subsection (1) of this section are without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.

(3) Notwithstanding the provisions of subsection (1) of this section, supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for the provisions of the said subsection (1).

Exclusion of persons in full-time employment.

4.—(1) Subject to the provisions of subsections (2) and (3) of this section, a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.

(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) of this section in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.

(3) Subsection (1) of this section shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

Persons affected by trade disputes.

5.—(1) In any case where by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.

(2) Subsection (1) of this section shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

(3) In this section—

“place of employment” in relation to any person means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be;

“trade dispute” has the meaning assigned to it by section 17 of the Social Welfare Act, 1952 .

Administration.

6.—(1) Subject to the general direction and control of the Minister, each health board established under section 4 of the Health Act, 1970 , shall, in respect of its functional area, be responsible for the administration of the functions relating to supplementary welfare allowance and other functions performable under this Act.

(2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with the provisions of this Act, to be due to such person.

(3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.

(4) Any function with respect to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 7 of this Act, be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970 ) of the health board.

Appeals.

7.—(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations made under section 21 of this Act provide for the making and determination of appeals under this section.

Conditions for grant of supplementary welfare allowance.

8.—A health board may, subject to regulations made by the Minister under section 21 of this Act, determine that a person shall not be entitled to supplementary welfare allowance unless—

(a) he is registered for employment in such manner as the Minister may prescribe, and

(b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.

Calculation of supplementary welfare allowance.

9.—(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—

(a) the weekly needs of a person shall, subject to any payment pursuant to the provisions of section 11 of this Act, be taken to be:

(i) in the case of a person who has no means, such of the amounts specified in the Table to section 10 (1) of this Act as is appropriate, or

(ii) in the case of a person who has means, such of the amounts specified in the Table to section 10 (1) of this Act as would be appropriate in his case if he had no means, less the amount of his weekly means,

(b) the means of any person shall be calculated in accordance with the provisions of section 12 of this Act.

(2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—

(a) where the weekly amount of any allowance would be less than five new pence, no allowance shall be payable;

(b) where the weekly amount of any allowance exceeds five new pence but is not a multiple of five new pence, the amount by which such allowance exceeds a multiple of five new pence shall be disregarded;

(c) where a husband and wife are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the husband, or of the wife, if she is the claimant;

(d) in the case of a person with a child dependant, his needs shall be taken to include the needs of that child dependant;

(e) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

Weekly amounts of supplementary welfare allowance for persons of no means.

10.—(1) The weekly amount of supplementary welfare allowance payable to a person who has no means as determined under this Act shall, subject to any payment pursuant to section 11 of this Act, be, in the case of a person of any class mentioned in column (1) of the Table to this subsection, at the weekly amount set out in column (2) of the said Table opposite that mention in the said column (1).

TABLE

WEEKLY AMOUNTS OF SUPPLEMENTARY WELFARE ALLOWANCE

(2) In this Act—

“adult dependant” means—

(a) in the case of a married man, his wife if she is living with him or is wholly or mainly maintained by him,

(b) in the case of a married woman, her husband if he is incapable of self-support by reason of some physical or mental infirmity and is wholly or mainly maintained by her, and

(c) in the case of a widower or unmarried man, a female person (being a person who has attained the age of sixteen years) having the care of his child dependants and wholly or mainly maintained by him;

“child dependant” means, in relation to a person, any child, not being an adult dependant, who has not attained the age of eighteen years and who is dependent upon that person for support.

(3) The Minister may, with the sanction of the Minister for Finance, by regulations vary the weekly amounts of supplementary welfare allowance specified in column (2) of the Table to subsection (1) of this section, but not so as to reduce any amount specified therein.

Additions to weekly amount of supplementary welfare allowance and other income.

11.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 9 of this Act, and any other income, including any payment by way of benefit or assistance under the Social Welfare Acts, 1952 to 1975, or under any other statute, of a person, is not sufficient to meet that person's needs, then—

(a) in any case where such person is in receipt of supplementary welfare allowance the weekly amount of such allowance payable to such person may, subject to the provisions of this section, be increased, or

(b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to the provisions of this section, to supplement that person's other income.

(2) The Minister may, with the sanction of the Minister for Finance, make regulations prescribing—

(a) the circumstances under which a payment may be made to any person pursuant to subsection (1) of this section.

(b) the amounts of payments to be made either generally or in relation to a particular class of person.

(3) Regulations under subsection (2) of this section may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.

Calculation of means.

12.—(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with the provisions of subsection (2) of this section.

(2) In calculating the weekly means of a person, account shall be taken of the following:

(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1975,

(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 , and

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

(c) the value of any advantage accruing to such person from the use or enjoyment of property (other than furniture and personal effects) which is personally used or enjoyed by the person;

(d) the value of any benefit or privilege enjoyed by such person;

(e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

(3) The Minister may, with the sanction of the Minister for Finance, by regulations, vary the provisions of subsection (2) of this section.

Allowances in kind.

13.—(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under thisAct, the health board may determine that such goods or services be provided for such person under arrangements made by the board.

(2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Act.

(3) In relation to any goods or services provided by a health board pursuant to subsection (1) of this section, references in this Act to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.

Power to make single payment for exceptional need.

14.—A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.

Grant of supplementary welfare allowance in cases of urgency.

15.—(1) Nothing in sections 3 , 4 or 5 of this Act shall prevent the payment of supplementary welfare allowance in an urgent case and in determining whether an allowance is payable by virtue of this section, and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 8 to 12 of this Act or in any regulations made under this Act which appears to it inappropriate in the circumstances of the case.

(2) Where pursuant to subsection (1) of this section, supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

Liability to maintain dependant.

16.—(1) For the purposes of this Act and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—

(a) every man shall be liable to maintain such of his legitimate children as are under the age of sixteen years;

(b) every woman shall be liable to maintain such of her children as are under the age of sixteen years:

(c) every married man shall be liable to maintain his wife and any child of his wife, who was born before her marriage to him and is under the age of sixteen years; and

(d) every married woman shall be liable to maintain her husband.

(2) Every reference in this Act to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) of this section is liable to maintain such other person.

Recovery of and contributions to supplementary welfare allowance.

17.—(1) Where a health board grants supplementary welfare allowance to any person (in this section referred to as “the beneficiary”), every person who is liable to maintain the beneficiary shall be liable to contribute to the health board according to his ability to any allowance so granted.

(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the beneficiary fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

(3) Before making an application to the District Court pursuant to subsection (2) of this section, the health board concerned shall serve notice of the application on the person liable to contribute.

(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the beneficiary is, at the time of the hearing of an application by a health board pursuant to subsection (2) of this section, able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

(5) A health board shall not recover by means of an application under subsection (2) of this section in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.

Arrangements for burials.

18.—(1) A health board may provide for the burial of any of the following persons—

(a) a person who died within the functional area of such health board and in respect of whom suitable arrangements for his burial are not otherwise being made,

(b) a person who has been drowned and cast ashore within the functional area of such health board or who has otherwise perished and been found dead within the said functional area and (in either case) whose body has not been claimed for burial.

(2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.

(3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial.

(4) Where a health board incurs under this section expenses in relation to the body of a deceased person, such health board may obtain repayment of such expenses from the estate of such deceased person or from any person who was liable to maintain such person immediately before his death.

Estimates of income and expenditure in respect of supplementary welfare allowance.

19.—A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.

Financing of health board expenditure.

20.—(1) Every local authority which, immediately before the appointed day, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included—

(a) in respect of the period commencing on the appointed day and ending on the last day of the year in which such appointed day occurs, a sum representing—

(i) that proportion of the total expenditure by such local authority on home assistance in the year ending on the 31st day of December, 1975, which that period bears to the year in which such appointed day occurs, and

(ii) a proportion of forty per cent. of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the said period exceeds that proportion of the total expenditure by all local authorities on home assistance in the year ending on the 31st day of December, 1975, which that period bears to the year in which such appointed day occurs,

the said proportion of forty per cent. payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on the 31st day of December, 1975, bears to the total expenditure by all local authorities on such assistance in that year, and

(b) in respect of each year following the year in which the appointed day occurs, a sum representing—

(i) the total expenditure by such local authority on home assistance in the year ending on the 31st day of December, 1975, and

(ii) a proportion of forty per cent. of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on the 31st day of December, 1975,

the said proportion of forty per cent. payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on the 31st day of December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

(2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1) of this section, the costs of administration shall be excluded.

(3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before the appointed day were public assistance authorities having their functional areas in the functional area of the health board.

(4) The provisions of section 32 of the Health Act, 1970 , which relate to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities shall with any necessary modifications apply to payments under subsection (3) of this section in like manner as they apply to contributions under that section.

(5) The Minister may by regulations prescribe the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) of this section and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 19 of this Act.

(6) (a) Where any sum is due and payable under this Act to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

(b) Every amount deducted pursuant to paragraph (a) of this subsection shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 18 of this Act.

(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance as is not met by income under this section.

General provisions as to regulations.

21.—(1) The Minister may make regulations—

(a) with respect to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Social Welfare Act, 1952 , and the Acts amending and extending that Act,

(b) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(c) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any specific provision in this Act, any regulations made under this Act may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

(3) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either House within the next twenty-one days on which that House has sat after the regulations have been laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Transfers of certain property.

22.—(1) On the appointed day, all property, whether real or personal (including choses-in-action) which immediately before the appointed day was vested in or belonged to or was held in trust for a public assistance authority and was used solely or mainly in pursuance of its functions under the Act of 1939 and all rights, powers and privileges relating to or connected with any such property, shall, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become the property of and be vested in or held in trust for (as the case may require) the health board in whose functional area the functional area of the public assistance authority is included for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the public assistance authority, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All property transferred by subsection (1) of this section to a health board and which, immediately before the appointed day, was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board made at any time after the appointed day, be transferred in the books by the bank, corporation or company into the name of the health board.

(3) Every chose-in-action transferred by subsection (1) of this section to a health board may, after the appointed day, be sued on, recovered, or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(4) After the appointed day, every bond, guarantee, or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with the said functions, which was in force immediately before the appointed day, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before the appointed day shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.

Transfer of certain officers and continuance of certain contracts of service.

23.—(1) On the appointed day every officer of a public assistance authority who, immediately before the appointed day, was an officer to be transferred under this subsection shall become an officer of the health board in whose functional area the functional area of the public assistance authority by which he was formerly employed is included and, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.

(2) In subsection (1) of this section the reference to an officer to be transferred under that subsection shall be construed as referring to any of the following officers—

(a) any officer whose duties related solely or mainly to services under the Act of 1939 or to such services together with services under the Health Acts, 1947 to 1970,

(b) any officer, other than an officer referred to in paragraph (a) of this subsection who has been designated by a local authority, being a public assistance authority, as an officer to be transferred under that subsection.

(3) Where, immediately before the appointed day, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which the holder would be transferred to the health board pursuant to subsection (1) of this section, the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health board as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926 , by the chief executive officer of the health board after the appointed day.

(4) Where, immediately before the appointed day, a local authority, being a public assistance authority, was engaged in the selection of a person or persons to be appointed to an office of which the holder would be transferred to a health board pursuant to subsection (1) of this section the selection shall be completed in such manner as the local authority after consultation with the health board thinks proper.

(5) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) of this section shall be referred to and decided by the Minister after consultation with the Minister for Health, or the Minister for Local Government, whichever is appropriate.

(6) Every contract of service, express or implied, which was in force immediately before the appointed day between a public assistance authority and any person who was not an officer of such public assistance authority but who was a person to be transferred under this subsection, shall continue in force after the appointed day, but shall be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.

(7) In subsection (6) of this section the reference to a person to be transferred under that subsection shall be construed as referring to—

(a) any person who was engaged solely or mainly in relation to services under the Act of 1939 or in relation to such services together with services under the Health Acts, 1947 to 1970, and

(b) any person, other than a person referred to in paragraph (a) of this subsection, who has been designated by a local authority, being a public assistance authority, as a person to be transferred under that subsection.

(8) Any question arising in relation to subsection (6) of this section as to whether a particular person or persons of a particular class was or were a person or persons to be transferred under that subsection shall be referred to and decided by the Minister after consultation with the Minister for Health, or the Minister for Local Government, whichever is appropriate.

Repeal.

24.—The Act of 1939, other than sections 3 and 86, is hereby repealed.

Transitional provisions.

25.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on the appointed day and relating to any matter or thing dealt with or affected by this Act, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.

(2) Any application for home assistance under the Act of 1939 which is pending on the appointed day shall be dealt with in relation to any needs which occur before the appointed day by the health board in whose functional area the applicant is.

(3) In any case where a person (in this section referred to as “the former beneficiary”) is, on the appointed day, in receipt of home assistance under the Act of 1939, the following provisions shall have effect—

(a) this Act, subject to the provisions of paragraphs (b) and (c) of this subsection, shall apply to the former beneficiary as if he had made a claim for supplementary welfare allowance;

(b) if the health board determines that the former beneficiary is not entitled to supplementary welfare allowance the health board may determine that the former beneficiary be granted supplementary welfare allowance under this Act of a weekly amount which does not exceed the weekly amount of home assistance of which he is in receipt on the appointed day;

(c) if the health board determines that the former beneficiary is entitled to supplementary welfare allowance but of a weekly amount which is lower than the weekly amount of home assistance of which he is in receipt on the appointed day the health board may determine that the former beneficiary be paid supplementary welfare allowance of an amount equivalent to the weekly amount of home assistance.

(4) Any proceedings for the recovery of a sum which, if this Act had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before the appointed day.

(5) In any court proceedings pending on the appointed day to which a public assistance authority is a party, the health board in whose functional area the functional area of the public assistance authority was included immediately before the appointed day shall be substituted as a party for the public assistance authority.

(6) Any payments ordered in any proceedings continued or begun pursuant to this section which, if this Act had not been passed, would have been ordered to be made to the public assistance authority shall be ordered to be made to the health board in whose functional area the functional area of the public assistance authority was included immediately before the appointed day.

(7) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 22 of this Act is payable to a health board may be brought and maintained by the health board.

Power to remove difficulties.

26.—(1) If in any respect any difficulty arises in bringing this Act into operation, the Minister may, with the sanction of the Minister for Finance and the consent of the Minister for Health, by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may be necessary or expedient for carrying the order into effect.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which such House has sat after the order is laid before it annulling the order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) No order may be made under this section after the expiration of one year after the appointed day.

Expenses.

27.—Any expenses incurred by the Minister or any other Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and commencement.

28.—(1) This Act may be cited as the Social Welfare (Supplementary Welfare Allowances) Act, 1975.

(2) This Act or any specified provision of this Act shall come into operation on such day or days as the Minister may by order appoint.