Category: SW Administration

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. However, it is […]

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 […]

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. Where a person is under 16 or is certified to lack capacity to manage […]

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 […]

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 […]

It is 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 […]

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 appeal.  The Health Service Executive operates a separate appeal in relation to supplementary welfare allowance. The principles of administrative law apply in relation to decisions […]

Deductibility of awards of damages from social welfare benefits. 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, […]