S.I. No. 191/1973:

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1973.

SOCIAL WELFARE (CLAIMS AND PAYMENTS) (AMENDMENT) REGULATIONS, 1973.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 and 29 of the Social Welfare Act, 1952 (No. 11 of 1952) and section 47 of the said Act (as amended by section 15 of the Social Welfare Act, 1970 (No. 12 of 1970)) hereby makes the following Regulations--

1. (1) These Regulations may be cited as the Social Welfare (Claims and Payments) (Amendment) Regulations, 1973.

(2) These Regulations and the Social Welfare (Claims and Payments) Regulations, 1952 to 1972, may be cited together as the Social Welfare (Claims and Payments) Regulations, 1952 to 1973.

2. In these Regulations--

" the Principal Regulations " means the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 );

" the Regulations of 1970 " means the Social Welfare (Claims and Payments) (Amendment) Regulations, 1970 ( S.I. No. 228 of 1970 ).

3. Article 3 of the Principal Regulations is hereby amended by the insertion therein after the definition of " death grant " (inserted by the Regulations of 1970) of the following definition--

'" deserted wife's benefit " means benefit payable under section 25E of the Social Welfare Act, 1952 (inserted therein by section 17 of the Social Welfare Act, 1973 ) (No. 10 of 1973).'

4. The Principal Regulations are hereby amended by the insertion of the following article after article 7--

"7A (1) Deserted wife's 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, either--

(a) by means of an order payable to the beneficiary weekly in advance on the Thursday of each week at such post office as the Minister, after enquiry from the beneficiary, may from time to time determine, or

(b) by such other means or on such day as may appear to the Minister to be appropriate.

(2) Where deserted wife's benefit is payable by means of an order under sub-article (1) (a) of this article the Minister shall--

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

(b) notify the beneficiary of the arrangements so made;

(c) arrange for the issue to every beneficiary, whether by the postmaster at the appropriate post office or otherwise, of a fresh book of orders on the expiration of the previous book.

(3) Where by reason of any provision of the Act or of these Regulations the day from which payment of deserted wife's benefit or the day from which a change in the rate of payment of such benefit would take effect, is a day of the week other than a Thursday, payment of that benefit shall commence or the change in the rate of payment of that benefit shall take effect only as from and including the next Thursday.

(4) Where deserted wife's benefit ceases to be payable as from and including a day of the week other than Thursday, it shall continue to be payable in respect of the days of the week up to but not including the next Thursday.

(5) A book or orders issued to any person under this article shall remain the property of the Minister.

(6) Any person having a book of orders under this article or any unpaid order shall, on the termination of deserted wife's benefit or when requested by the Minister, deliver such book or order to the Minister or to such person as he may direct."

5. Article 9 of the Principle Regulations is hereby amended by the insertion in sub-article (1) after paragraph (f) (inserted by the Regulations of 1970) of the following paragraph--

"(g) In the case of deserted wife's benefit, the period of three months from 5 July, 1973, or the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant would become entitled to the benefit, whichever is the later".

6. Article 10 of the Principal Regulations in hereby amended by the insertion following sub-article (2) of the following sub-article--

"(3) Where a woman fails to make a claim for deserted wife's benefit within the time prescribed in paragraph (g) of sub-article (1) of article 9, as amended by article 5 of these Regulations, she shall be disqualified for receiving payment in respect of any period before the date on which the claim is made."

7. The Principal Regulations are hereby amended by the insertion after article 12 of the following article--

"12A-- The right to any sum payable by way of deserted wife's benefit 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 7A of these Regulations."

8. The Principal Regulations are hereby amended by the insertion after paragraph (iii) of sub-article (1) of article 16A (inserted by article 2 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1972) ( S.I. No. 277 of 1972 )) of the following paragraph:--

"(iv) in respect of deserted wife's benefit, so much of the benefit as is payable by virtue of section 27 of the Act ".

GIVEN under the Official Seal of the Minister for Social Welfare this 5th day of July, 1973.

BRENDAN CORISH,

Minister for Social Welfare.

The Minister for Posts and Telegraphs hereby consents to the making of the foregoing Regulations so far as they in effect relate to the payment of deserted wife's benefit through the Post Office.

GIVEN under the Official Seal of the Minister for Posts and Telegraphs this 5th day of July, 1973.

CONOR CRUISE O'BRIEN,

Minister for Posts and Telegraphs.

EXPLANATORY NOTE.

These Regulations extend to deserted wife's benefit the relevant provisions of the Social Welfare (Claims and Payments) Regulations, 1952 to 1972. They provide that this benefit will be payable either weekly in advance on the Thursday of each week by means of orders payable at the Post Office specified by the beneficiary or in such other manner and on any day that the Minister may deem appropriate. The time for claiming deserted wife's benefit is prescribed as the three months from 5 July, 1973, or three months from the date on which the claimant would become entitled to the benefit, whichever is the later. If the benefit is not claimed within the prescribed time, payment may not be made from any date prior to the date on which the claim is made. The Regulations also provide that the right to any sum payable by way of deserted wife's benefit is extinguished where payment of the sum is not obtained within three months, or where, in any case the Minister so approves, six months, from the date on which it becomes payable.