S.I. No. 242/1990 -- Social Welfare (Carer's Allowance) Regulations, 1990.
1990
242
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S.I. No. 242/1990:
SOCIAL WELFARE (CARER'S ALLOWANCE) REGULATIONS, 1990.
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SOCIAL WELFARE (CARER'S ALLOWANCE) REGULATIONS, 1990.
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The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and by sections 198H and 198L of that Act (inserted by section 17 of the Social Welfare Act, 1990 (No. 5 of 1990)), and after consultation with An Post, hereby makes the following Regulations:--
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PART I General
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Short Title. |
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1. These Regulations may be cited as the Social Welfare (Carer's Allowance) Regulations, 1990.
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Interpretation. |
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2. In these Regulations--
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"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
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"allowance" means a carer's allowance payable under Chapter 5B of Part III of the Act;
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"allowance order" means an order for the payment through the post office of a weekly sum on account of an allowance;
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"beneficiary" means a person entitled to an allowance;
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"carer" means a carer as defined in section 198G of the Act;
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"Chapter 5B of Part III of the Act" means Chapter 5B of Part III of the Act (inserted by section 17 of the Social Welfare Act, 1990 );
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"claimant" means a person who has made a claim for an allowance;
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"institution" means a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancilliary thereto and any other establishment providing residence, maintenance or care for the persons therein;
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"prescribed relative allowance" has the meaning assigned to it by section 198G of the Act;
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"relevant pensioner" has the meaning assigned to it by section 198G of the Act;
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"section 198G of the Act" means section 198G of the Act (inserted by section 17 of the Social Welfare Act, 1990 ).
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Commencement. |
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3. These Regulations shall come into operation on the 1st day of November, 1990.
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PART II Prescribed Circumstances and Conditions for Receipt of Allowance
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Conditions to be satisfied by carer for receipt of allowance. |
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4. The following conditions shall be satisfied by a carer for the purposes of payment of an allowance--
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( a ) he shall not be engaged in employment or self-employment outside his home,
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( b ) he must have attained the age of 18 years, and
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( c ) he must not be residing in an institution.
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Circumstances in which relevant pensioner is to be regarded as requiring full-time care and attention. |
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5. A relevant pensioner shall, for the purposes of Chapter 5B of Part III of the Act, be regarded as requiring full-time care and attention where--
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( a ) he is so disabled or invalided that he requires from another person--
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(i) continual supervision in order to avoid danger to himself, or
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(ii) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and
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( b ) he is so disabled or invalided as to be likely to require full-time care and attention for a period of at least 12 months.
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Circumstances in which carer is to be regarded as providing full-time care and attention. |
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6. A carer may, for the purposes of Chapter 5B of Part III of the Act and these Regulations, continue to be regarded as providing full-time care and attention to a relevant pensioner where he would qualify for payment of an allowance but for the fact that either he or the relevant pensioner is undergoing medical or other treatment of a temporary nature in a hospital or other institution for a period of not longer than 13 weeks.
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PART III Payment on Account of Allowance
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Payment of prescribed relative allowance or increase of pension, benefit, allowance or assistance on account of carer's allowance. |
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7. (1) Where--
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( a ) in respect of any period a prescribed relative allowance or an increase has been paid to or in respect of a person who, though entitled to an allowance, is not at that time receiving payments on account thereof, and
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( b ) such prescribed relative allowance or increase, as the case may be, would not have been paid if that person had then been receiving payment on account of an allowance, and
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( c ) any sum (in this paragraph referred to as the arrears) accruing in respect of any part of the said period on account of an allowance subsequently becomes payable to that person,
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the Minister may reduce the arrears by an amount not exceeding the amount paid by way of such prescribed relative allowance or increase, as the case may be.
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(2) In this article "increase" means an increase of any pension, benefit, assistance or allowance, other than an "allowance" as defined in article 2 of these Regulations.
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PART IV Claims and Payments
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Claims to be made to the Minister. |
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8. Every claim for an allowance (including an increase of allowance) shall be made to the Minister in the form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances.
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Information to be given when making a claim for and obtaining payment of allowance. |
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9. (1) Every person who--
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( a ) makes a claim for an allowance, or
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( b ) is a relevant pensioner,
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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.
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(2) Every beneficiary or relevant pensioner and every person by whom or on whose behalf an allowance is receivable shall--
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( a ) furnish in such manner and at such times as the Minister may determine such certificates, documents and information affecting the right to allowance or to the receipt thereof as the Minister may require, and
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( b ) notify the Minister of any change of circumstances which affects the right to an allowance, or to the receipt thereof, as soon as is reasonably practicable after the occurrence thereof.
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Time and manner of payment of allowances. |
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10. (1) An allowance shall be paid weekly in advance on the Thursday of each week by means of an allowance order payable to the beneficiary, at such post office as the Minister, after enquiry from him, may determine.
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(2) Where an allowance is payable the Minister shall cause arrangements to be made whereby, on furnishing evidence as to identity and such other particulars as may be required, a beneficiary may obtain a book of allowance orders.
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(3) The Minister shall arrange for the issue to every beneficiary of a fresh book of allowance orders on the expiration of the previous book.
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(4) Where the day from which payment or a change in the rate of payment of an allowance takes effect is a day of the week other than a Thursday, payment or the change in the rate of payment of the allowance shall take effect as from and including the next Thursday.
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(5) Where an allowance ceases to be payable as from and including a day of the week other than Thursday, the allowance shall continue to be payable in respect of the days of the week up to but not including the next Thursday.
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(6) A book of allowance orders issued to any person shall remain the property of the Minister.
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(7) Any person having a book of allowance orders or any unpaid allowance order shall, on the termination of the allowance to which such book or order relates or when requested by the Minister, deliver such book or order to such person as the Minister may direct.
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(8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of an allowance otherwise than weekly in advance or otherwise than by means of allowance orders payable to the beneficiary.
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Prescribed time for claiming allowance. |
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11. (1) The prescribed time for making a claim for an allowance shall be the day in respect of which the claim is made.
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(2) Where a claimant for an allowance 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 are 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.
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Extinguishment of right to allowance not obtained within the prescribed time. |
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12. Where an allowance has been duly awarded to a claimant and is being paid to that claimant, the right to any sum payable by way of such allowance 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 10 of these Regulations.
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Persons unable to act. |
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13. (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which the claimant or beneficiary may be entitled to exercise in relation to an allowance.
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(2) The following provisions shall apply to every appointment made by the Minister under this article:--
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( a ) the Minister may at any time revoke the appointment,
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( b ) the person appointed may resign on giving to the Minister one month's notice of his intention to do so,
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( c ) the appointment shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
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(3) A person appointed under this article may exercise on behalf of the claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise in relation to an allowance and may receive and deal with any sum payable by way of an allowance on behalf of such claimant or beneficiary.
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(4) Anything required to be done to a claimant or beneficiary in relation to an allowance may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act on his behalf.
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(5) The receipt of a person appointed under this article for any amount paid in accordance with this article shall be a good discharge to the Minister for any amount so paid.
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Payments on death. |
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14. (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 an allowance in the name of such claimant or beneficiary.
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(2) On the death of a beneficiary, any sum payable in respect of an allowance may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows:--
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( 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,
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( 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.
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(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 for the sum so paid.
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(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.
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(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.
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Offences. |
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15. A person who fails to comply with sub-article (2) of article 9 of sub-article (7) of article 10 of these Regulations shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000 and, in the case of a continuing offence, to a fine not exceeding £1,000 for each day on which the offence is continued.
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PART V Application of Certain Provisions of the Act.
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Application of the Act. |
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16. The provisions of the enactments mentioned in the first column of the Schedule hereto shall apply to an allowance and in such application shall be modification so that the said provisions shall read as set out in the second column of the said Schedule.
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Article 16
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SCHEDULE
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| Title |
Modification |
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| Paragraphs (a), (b), (c) and (i) of subsection (1) and subsection (2) of section 111 of the Act. |
111.--(1) Every question arising-- |
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( a ) in relation to a claim for an allowance,
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( b ) as to whether a person is or was disqualified for an allowance,
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( c ) as to the period of any disqualification for an allowance,
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(i) on any such other matter relating to Chapter 5B of Part III as may be prescribed,
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shall be decided by a deciding officer in accordance with Part VIII. |
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(2) A reference in this section to a question arising in relation to a claim for an allowance includes a reference to a question whether an allowance is or is not or was or was not payable. |
| Subsections (1), (2), (3) (a) and (c) and (4) of section 112 of the Act. |
112.--(1) Provision may be made by regulations as to the time and manner of payment of an allowance, and as to the information and evidence to be furnished by beneficiaries and relevant pensioners when applying for payment of an allowance and, in consultation with An Post, for payment of an allowance in specified cases through An Post. |
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(2) Regulations made under this section as to the time of payment of an allowance may-- |
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( a ) provide for enabling a person to whom an allowance is payable to nominate another person to receive the allowance on his behalf,
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( b ) provide, notwithstanding anything in Chapter 5B of Part III, for adjusting the commencement and termination of an allowance, or for changes in the rate of an allowance, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,
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( c ) provide for extinguishing the right to any sum payable by way of an allowance where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.
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(3) Regulations may also provide-- |
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( a ) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under Chapter 5B of Part III and for authorising a person so appointed to receive and deal with any sum payable by way of an allowance on behalf of the claimant or beneficiary,
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( c ) in connection with the death of any person, for enabling a claim for an allowance to be made or proceeded with in his name.
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(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing an allowance, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others. |
| Sections 112A of the Act (inserted by section 3 of the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987)). |
112A.--(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to an allowance by or in respect of that person. |
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(2) Regulations may specify the details which an employer shall furnish under subsection (1) and prescribe the manner in which such details shall be so furnished. |
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(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable-- |
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( a ) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
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( b ) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.
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| Section 113 of the Act. |
113.--(1) Regulations may make provision in relation to matters arising-- |
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( a ) pending the decision under Chapter 5B of Part III or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for an allowance or of any question affecting any person's right to an allowance or to receipt thereof, or
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( b ) out of the effect of any appeal or revision of any decision under Chapter 5B of Part III or Part VIII on any such claim or question.
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(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision-- |
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( a ) for the suspension of an allowance where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,
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( b ) for treating an allowance paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him.
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| Section 119 of the Act. |
119.-- In any proceedings for an offence under Chapter 5B of Part III or under regulations made under or applying the provisions of Chapter 5B of Part III or in any proceedings for the recovery of any sums due to the Minister, a decision on any question relevant to the proceedings given in accordance with Chapter 5B of Part III or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and-- |
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( a ) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with Chapter 5B of Part III and Part VIII, and
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( b ) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
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| Section 128 of the Act. |
128.--(1) It shall be a condition of any person's right to an allowance that he makes a claim therefor in the prescribed manner. |
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(2) Regulations may provide for disqualifying a person for the receipt of an allowance if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made. |
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(3) For the purpose of Chapter 5B of Part III, any claim made by post shall be deemed to have been made on the day on which it was posted. |
| Subsections (1) (a) and (b) of section 142 of the Act. |
142.--(1) A person shall be disqualified for receiving an allowance-- |
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( a ) while he is resident, whether temporarily or permanently, outside the State, or
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( b ) while he is undergoing penal servitude, imprisonment or detention in legal custody.
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| Section 143A of the Act (inserted by section 13 of the Social Welfare Act, 1985 (No. 5 of 1985)). |
143A.--(1) The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of Chapter 5B of Part III. |
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(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of an allowance and any question arising on or in relation to such allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for an allowance or the spouse of any employer of the applicant or a relevant pensioner to furnish him with such information and to produce to him such documents as he may reasonably require. |
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(3) A social welfare officer shall, for the purposes of Chapter 5B of Part III, have power to do all or any of the following things:-- |
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( a ) to enter at all reasonable times any premises or place liable to inspection under this section,
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( b ) to make such examination and enquiry as may be necessary for the purposes of Chapter 5B of Part III,
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( c ) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of Chapter 5B of Part III, every person he finds in any such premises or place and to require every such person to sign a declaration of the truth of the matters in respect of which he is so examined.
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(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any applicant for an allowance, and the servants and agents of such occupier or other person, and any applicant for an allowance shall furnish to a social welfare officer all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare officer may reasonably require for the purposes of Chapter 5B of Part III. |
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(5) If any person-- |
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( a ) wilfully delays or obstructs a social welfare officer in the exercise of any duty or power under this section, or
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( b ) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or
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( c ) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a social welfare officer appointed under this section,
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he shall be guilty of an offence under this section and shall be liable-- |
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(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment,
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(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment,
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but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself. |
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(6) Every social welfare officer shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this section shall, if so requested, produce the said certificate. |
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(7) The premises or places liable to inspection under this section are any premises or places where a social welfare officer has reasonable grounds for believing that-- |
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( a ) persons are, or have been, employed, or
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( b ) there are, or have been, self-employed persons,
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and any premises or place where a social welfare officer has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept. |
| Subsection (2) of section 187 of the Act. |
187.--(2) Where the date on which an allowance would begin to accrue is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of allowances of that class are to be made, the allowance shall not beging to accrue until such prescribed day in the week occurring next after the first-mentioned day. |
| Section 188 of the Act. |
188.--(1) Every person-- |
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( a ) who, for the purpose of obtaining or continuing an allowance either for himself or for any other person, or for the purpose of obtaining or continuing an allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or
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( b ) who knowingly obtains payment of, or continues to receive, an allowance which he is disqualified for receiving or to which he is not entitled or of an amount in excess of the amount to which he is entitled, or
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( c ) who knowingly obtains or receives any payment on account of an allowance which for any reason whatsoever is not payable to him,
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shall be guilty of an offence under this section and shall be liable--
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(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
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(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.
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(2) A person convicted of an offence under subsection (1) in relation to an allowance shall be disqualified for receipt of such allowance for a period of 3 months immediately following the date of the conviction. |
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(3) This section shall apply with the necessary modification in the case of a person to whom an allowance or an increase in respect of a qualified child is paid under any of the provisions of Chapter 5B of Part III for or for the benefit of any person. |
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(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person an allowance was allowed or awarded or that the amount of an allowance payable to or in respect of a person was varied and that the allowance as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the allowance was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of an allowance of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the allowance of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the allowance is varied or further varied, as the case may be, or the date on which the allowance ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first
occur. |
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(7) Regulations under Chapter 5B of Part III may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment. |
| Section 192 of the Act. |
192.--(1) If it is found at any time that a person has been in receipt of an allowance during any period during which that person was not entitled thereto, or has been in receipt of an allowance at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the allowance during such period or, as the case may be, a sum representing the difference between an allowance at the rate actually paid and an allowance at the rate appropriate to the case. |
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(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of an allowance to which the person subsequently becomes entitled. |
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(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. |
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(4) This section shall apply with the necessary modifications in the case of a person to whom an allowance is paid under any of the provisions of Chapter 5B of Part III for or for the benefit of any person. |
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(5) The power conferred on the Minister by this section to deduct from any payments on account of an allowance to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section. |
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GIVEN under the Official Seal of the Minister for Social Welfare
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this12th day of October, 1990.
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MICHAEL WOODS.
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Minister for Social Welfare.
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EXPLANATORY NOTE.
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Part IV of the Social Welfare Act, 1990 provides for the introduction, subject to conditions and circumstances to be prescribed in regulations, of a new carer's allowance for persons who reside with and provide full-time care and attention to incapacitated persons in receipt of certain social welfare payments.
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These Regulations, which come into effect on 1 November, 1990, prescribe the conditions to be satisfied by a carer together with the circumstances in which the relevant pensioner is to be regarded as requiring full-time care and attention. The regulations also deal with a number of administrative matters relating to the making of claims, the method of payments, decisions, offences, disqualifications, etc.
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