SWCA 2005 Chapter 6 Miscellaneous Provisions (ss. 279-298) 279. Provisions relating to maintenance. Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part 2 to be wholly or mainly maintaining another person. 280. Free certificates. (1)The Minister may arrange for the issue for the purposes of Part 2 or 3 of medical […]
Registering for PPS The 2010 Act clarifies the position with regard to the information to be provided by or in respect of a customer registering for a Personal Public Service (PPS) Number. The Social Welfare Consolidation Act 2005 currently requires that a photograph and signature be submitted for any customer registering for a PPS Number. Where an t-Ard Chláratheoir has directed that an entry be […]
Death of Recipient If a person in receipt of a social welfare payment dies, it will continue to be paid for 6 weeks to qualified adults in certain circumstances. If the deceased was getting an increment for a qualified adult, the qualified adult will obtain six weeks of the deceased person’s payment, including the increment. Where a person is receiving one of the relevant benefits […]
No Assignment Any attempt to assign a social welfare book, voucher or other documents in relation to entitlement is void. However, in some cases where persons are underage or lack mental capacity, others may make the application and receive payment on their behalf. Incapacity Where a person is under 16 or is certified to lack capacity to manage his affairs, another person may be authorised […]
Repayment Assessment Overpayments may be recovered by deduction against future payments. There is discretion to vary the terms of repayment. Where an overpayment has been assessed, the person is to be informed of the factors, the proposed decision, the amount of overpayment and the method of recovery. He is to be given the opportunity to make representations in relation to the assessment, the method of […]
Overview Generally, a person must be habitually resident in the state to qualify for non-contributory benefits. In relation to certain benefits such as child benefit and healthcare, the persons must usually be ordinarily resident in the state. This requires a certain degree of continuity. The tax test does not necessarily apply. The circumstances and the lengths of time spent out of the country will be […]
Claim Required It is a condition of social welfare benefits that an application is made in the prescribed format. In some cases, the application must be made within a certain time period. A person cannot simply rely on his or her entitlement and accrue benefits pending making the claim. Where the claim is not made within a certain time limit, there may be disqualification for […]
Deciding Officers The deciding officers in the Department of Social Protection and superintendent community welfare officers adjudicate on applications for social welfare payments. The social welfare appeals office deals with social welfare appeals. The Health Service Executive operates a separate appeal in relation to supplementary welfare allowance. Deciding officers in the Department of Social Protection make decisions in relation to entitlement and other key question. […]
Deductibility Social welfare benefits that compensate for loss of earnings are deductible at common law. This also applies to occupational injuries payments. However, the 1964 Act amends this position. The Civil Liability (Amendment) Act 1964 provided that in assessing damages, in an action for a wrongful act, resulting in personal injury not causing death, account is not to be taken of any sum payable in […]