Social Welfare (Claims and Payments) Regulations, 1952
Jurisdiction | Ireland |
Citation | IR SI 374/1952 |
S.I. No. 374 of 1952. | ||
SOCIAL WELFARE (CLAIMS AND PAYMENTS) REGULATIONS, 1952. | ||
The Minister for Social Welfare in exercise of the powers conferred on him by Sections 3 , 29 , 47 and 52 (4) of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf, and with the consent of the Minister for Posts and Telegraphs so far as relates to the payment of pensions through the Post Office, hereby makes the following Regulations:— | ||
PART I.GENERAL. | ||
1 Citation. |
1. These Regulations may be cited as the Social Welfare (Claims and Payments) Regulations, 1952. |
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2 Commencement. |
2. These Regulations shall come into operation on the 5th day of January, 1953. |
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3 Interpretation. |
3. In these Regulations unless the context otherwise requires :— |
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" the Act " means the Social Welfare Act, 1952 ; | ||
" the Minister " means the Minister for Social Welfare ; | ||
" appropriate post office " means the post office at which a pension is payable in any particular case ; | ||
" local office " means an employment exchange or other place appointed by the Minister as a local office for the purposes of the Act ; | ||
" pension " means widow's (contributory) pension or orphan's (contributory) allowance, as the case may require ; | ||
" pensioner " means a person to whom any pension is payable and | ||
" pension order " means an order for the payment through the post office of a weekly sum on account of a pension. | ||
PART II.CLAIMS. | ||
4 Claims to be made to the Minister. |
4. Every claim for benefit (including an increase thereof) shall be made to the Minister in the form for the time being approved by him for the purpose of the benefit for which the claim is made or in such other manner as the Minister may accept as sufficient in the circumstances of any particular case or class of cases. |
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5 Information to be given when making a claim for benefit. |
5. Every person who makes a claim for benefit 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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6 Special provisions for claims for unemployment benefit: |
6.—(1) Subject to any directions given by the Minister in any particular case or class of cases, a claim for unemployment benefit shall be made at a local office and every person who makes a claim for unemployment benefit shall when doing so lodge his insurance card at the local office. |
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(2) Where the Minister is satisfied that a claimant is unable or has omitted for good cause to lodge his insurance card he may dispense with the lodgment of the insurance card. | ||
(3) In this article, the expression " insurance card " does not include an arrears card or an emergency card within the meaning of the Social Welfare (Collection of Contributions) Regulations, 1952. | ||
PART III.PAYMENTS. | ||
7 Time and manner of payment of disability unemployment, marriage and maternity benefit. |
7.—(1) Disability benefit, unemployment benefit, marriage benefit and maternity benefit shall be paid in accordance with a decision under the provisions of the Act as soon as is reasonably practicable after such decision has been given and in the following manner :— |
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(a) in the case of disability benefit, marriage benefit and maternity benefit at the residence of the beneficiary or any other person to whom the benefit is payable on behalf of the beneficiary, by post or otherwise, | ||
(b) in the case of unemployment benefit, at weekly intervals, in cash at the local office at which the claim is made, or by such other means or at such other place as may appear to the Minister to be appropriate in the circumstances of any particular case or class of cases. | ||
(2) Notwithstanding anything contained in sub-article (1) of this article, the Minister may direct that— | ||
(a) disability benefit, marriage benefit or maternity benefit shall, in particular cases, be paid at such time and place and subject to such conditions as he may determine, | ||
(b) payments of unemployment benefit shall be made otherwise than at weekly intervals. | ||
8 Time and manner of payment of pension. |
8.—(1) Pensions shall be paid weekly in advance on the Friday of each week by means of pension orders payable in each case to the pensioner, at such post office as the Minister, after enquiry from the pensioner, may from time to time determine. |
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(2) Where a pension is payable by virtue of a decision under the Act the Minister shall— | ||
(a) cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, the pensioner may obtain, either through the postmaster of the appropriate post office or otherwise, a book of pension orders, and | ||
(b) notify the pensioner of the arrangements so made. | ||
(3) The Minister shall arrange for the issue to every pensioner, whether by the postmaster at the appropriate post office or otherwise, of a fresh book of pension orders on the expiration of the previous book. | ||
(4) Where by reason of any provision of the Act or of these regulations the day as from which payment of a pension would commence, or as from which a change in the rate of payment of a pension would take effect, is a day of the week other than a Friday, payment of the pension shall commence only, or the change in the rate of payment of the pension shall take effect only, as from the next Friday. | ||
(5) Where the day on which a pension would cease to be payable is a day of the week other than Thursday, the pension shall continue to be payable in respect of the days of the week up to but not including the next Friday. | ||
(6) A book of pension orders issued to any person shall remain the property of the Minister. | ||
(7) Any person having a book of pension orders or any unpaid pension order shall, on the termination of the pension to which such book or order relates or when requested by the Minister, deliver such book or order to the Minister or to such person as he may direct. | ||
(8) Notwithstanding anything contained in this article, the Minister may in any particular case or class of cases or in all cases arrange for the payment of a pension otherwise than weekly in advance or otherwise than by means of pension orders payable to the pensioner. | ||
9 Prescribed time for claiming marriage benefit, maternity benefit and pension. |
9.—(1) The prescribed time for making a claim for benefit shall be— |
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(a) in the case of marriage benefit, three months from the date of the marriage ; | ||
(b) in the case of maternity grant, three months from the date of the confinement ; | ||
(c) in the case of maternity allowance, the period up to the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto ; | ||
(d) in the case of a pension, the period of three months from the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto. | ||
(2) Where a claimant proves that there was good cause for his failure to make the claim before the date on which it was made, the Minister may extend the time within which the claim may be made to the date of the making of the claim. | ||
(3) No sum shall be paid to any person on account of— | ||
(a) marriage benefit where the claim is not made within six months after the date of the marriage ; | ||
(b) maternity grant in respect of a confinement occurring more than six months before the date on which the claim therefor is made in accordance with these regulations... |
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