STATUTORY INSTRUMENTS.

S.I. No. 159 of 2000.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO.8) (LATE CLAIMS) REGULATIONS, 2000.

S.I. No. 159 of 2000.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO.8) (LATE CLAIMS) REGULATIONS, 2000.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 205 (as amended by sections 11 and 14 of the section 35 of the Social Welfare Act, 1996 ( No. 7 of 1996 )) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Late Claims) Regulations, 2000.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.

Definition.

2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Payment of late claims.

3. The Principal Regulations are hereby amended by--

(a) the deletion in article 104 (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations, 1998 ( S.I. No. 55 of 1998 )), of sub-article (3),

(b) the insertion after article 104 of the following article:

“Payment of certain claims made after due date.

104A. (1) Where a claim in respect of any benefit is made in respect of any period which is greater than that allowed under section 205(2), the period in respect of which payment may be made before the date on which the claim is made, shall

(i) be extended, or

(ii) further extended in any case to which article 104 applies,

to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.

(2) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be--

(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 205(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which a person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period.

(3) In any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be--

(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 205(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period,

Provided that when the person ceases to be so incapacitated the claim is made either before or within a period equal in duration to that for which payment is allowed under section 205(2).

(4) In any case where the delay in making the claim is due to a person suffering an event which is a force majeure, the period for which payment may be made shall be--

(a) the period for which such force majeure continued plus a period equal in duration to that allowed under section 205(2), or

(b) the period between the date of claim and the date entitlement commenced, or

(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or

(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,

whichever is the shorter period,

Provided that when the event which is a force majeure ceases the claim is made either before or within a period equal in duration to that for which payment is allowed under section 205(2).

(5) In any case where a person has a current level of financial indebtedness which cannot reasonably be financed from--

(a) current income, including payments made or due under this article or article 104, or

(b) the disposal of current assets, or

(c) any combination of said income or disposal of said assets,

payment shall be made from

(i) the date of entitlement, or

(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer.

(6) For the purposes of this article ‘benefit’ means--

(a) any benefit specified in section 30(1) (other than unemployment benefit under Chapter 9 of Part II), and

(b) any assistance specified in section 118 (1) (other than unemployment assistance under Chapter 2 and supplementary welfare allowance under Chapter 11 of Part III.”, and

(c) the substitution for article 113 of the following article:

“113. (1) Subject to sub-articles (2) and (3), where benefit has been awarded and is being paid to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.

(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where-

(i) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or

(ii) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).

(3) For the purposes of sub-article (2) ‘benefit’ means--

(a) any benefit specified in section 30(1) (other than unemployment benefit under Chapter 9 of Part II), and

(b) any assistance specified in section 118 (1) (other than unemployment assistance under Chapter 2 and supplementary welfare allowance under Chapter 11 of Part III, and

(c) child benefit under Part IV.”.

Repeals.

(4) The Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ) are hereby amended by the repeal of article 12 as amended by article 10 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 ( S.I. No. 85 of 1967 ).

The Minister for Finance hereby consents to the making of the foregoing Regulations.

EXPLANATORY NOTE.

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

These Regulations provide that where a claim for benefit is made outside the time provided in section 205 (2) of the Social Welfare (Consolidation) Act, 1993 , the period for which payment is made may be extended where the delay in making the claim is due to

--  incorrect information given by the Department of Social, Community and Family Affairs,

--  the person being so incapacitated that s/he was unable to pursue the claim,

--  a force majeure.

There is also provision to extend the period of payment where the person is currently in financial difficulties.

The Regulations also provide that where payment of any benefit is not claimed within six months of the due date of the order or cheque the right to that payment is extinguished unless there was good cause for the delay in claiming the payment.