Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Manner of Payment) Regulations 2015.S.I. No. 376/2015


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URL: http://www.bailii.org/ie/legis/num_reg/2015/0376.html

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S.I. No. 376/2015 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Manner of Payment) Regulations 2015.

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Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 11th September, 2015.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )) and 242 (amended by section 3 of the Social Welfare and Pensions Act 2014 (No. 16 of 2014)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005)), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Manner of Payment) Regulations 2015.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2015 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2015.

Manner of payment

2. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) are amended-

(a) by the substitution of the following article for article 192:

"Manner of payment

192. (1) Where, in accordance with a decision under the Principal Act or regulations made under that Act, benefit is payable to a claimant or beneficiary or to any other person authorised to receive payment of benefit under the said Act or regulations (in this article referred to as the ‘authorised person’), that benefit shall be paid-

(a) as soon as practicable after such decision is made, and

(b) in the manner provided for in this article.

(2) For the purposes of sub-article (1), benefit shall be paid-

(a) subject to paragraph (b), by means of any one of the following methods as may be determined by the Minister in relation to any particular case or class of case:

(i) by cash payable at a post office designated by the claimant, beneficiary or authorised person, as the case may be, or where the Minister considers it appropriate, at a post office designated by the Minister;

(ii) by cheque;

(iii) by electronic funds transfer to an account nominated by the claimant, beneficiary or authorised person, as the case may be, and which is of a type determined by the Minister to be appropriate,

or

(b) where the circumstances so warrant, in such other manner as may be determined by the Minister to be appropriate.

(3) Where benefit is paid by electronic funds transfer in accordance with this article, the claimant, beneficiary or authorised person, as the case may be, shall be deemed to have received such payment.",

and

(b) by revoking article 198.

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GIVEN under my Official Seal,

4 September 2015.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations update the provisions of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) relating to the manner of payment of social welfare benefits in general in the light of the discontinuance of payment by way of payable order at a post office or a bank.

Social welfare benefits can now be paid-

- in cash at a post office,

- by cheque, or

- by Electronic Funds Transfer (EFT).

The particular payment method that is employed in any particular case or class of case is determined by the Minister for Social Protection.

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URL: http://www.bailii.org/ie/legis/num_reg/2015/0376.html