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26 2005

Social Welfare Consolidation Act 2005

Chapter 6

Miscellaneous Provisions

Provisions relating to maintenance.

[1993 s230]

279. —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.

Free certificates.

[1993 s231(1); 1997 s22(3)]

280. —(1) The Minister may arrange for the issue for the purposes of Part 2 or 3 of medical certificates or certificates of expected or actual confinement free of charge.

[1993 s231(2)]

(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed on between the Minister and the Minister for Finance.

Stamp duty.

[1993 s232]

281. —Stamp duty shall not be chargeable on any document by which any payment, refund, repayment or return under this Act is made.

Birth, marriage and death certificates.

[1993 s233(1)]

282. —(1) Where, for the purposes of this Act (other than Chapter 9 of Part 3), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in the form and containing the particulars that may be directed by the Minister for Health and Children, be entitled to obtain, on payment of the fee set out therefor—

(a) a copy of an entry in a register of births — 89 cent,

(b) a copy of an entry in a register of deaths — 89 cent,

(c) a copy of an entry in a register of marriages — 89 cent,

certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[1993 s233(2)]

(2) Where, for the purposes of Chapter 9 of Part 3 or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in the form and containing the particulars that may be directed by the Minister for Health and Children, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[1993 s233(3)]

(3) Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.

[1993 s233(4)]

(4) The Minister for Health and Children may, with the consent of the Minister and the Minister for Finance, by regulations alter the fees set out in subsection (1).

Inalienability.

[1993 s234]

283. —Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit shall be void and on the bankruptcy of any person entitled to benefit, shall not pass to any trustee or other person acting on behalf of the creditors.

Means for purpose of Debtors Act (Ireland) 1872.

[1993 s235]

284. —Any sum received by any person by way of benefit shall not be included in calculating that person’s means for the purposes of section 6 of the Debtors Act (Ireland) 1872.

Exclusion in assessment of damages.

[1993 s236(1); 1997 s20 & Sch E]

285. —(1) In assessing damages in any action under the Fatal Injuries Act 1956 , or Part IV of the Civil Liability Act 1961 , whether commenced before or after 24 February 1981, there shall not be taken into account any child benefit, widow’s (contributory) pension, widower’s (contributory) pension, orphan’s (contributory) allowance, one-parent family payment in the case of a person who qualifies for that payment by virtue of being a widow or widower, widow’s (non-contributory) pension, widower’s (non-contributory) pension or orphan’s (non-contributory) pension.

[1993 s236(2); 1997 s20 & Sch E]

(2) Subject to sections 96 and 286, in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1)(a)(ii) of the First Schedule to the Workmen’s Compensation Act 1906 or under Rule 2 or 4 of the Second Schedule to the Workmen’s Compensation Act 1934, there shall not to be taken into account any benefit under Part 2, widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension or child benefit.

Taking account of disability benefit and invalidity pension in assessing certain damages.

[1993 s237(1); 2005 (SW&P) s26 & Sch 4]

286. —(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 and section 285 , in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, there shall be taken into account the value of any rights arising from those injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit or invalidity pension under Part 2 for 5 years beginning with the time when the cause of action accrued.

[1993 s237(2)]

(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be read as a reference to the total damages which would have been recoverable apart from the reduction or limitation.

[1993 s237(3)]

(3) This section applies—

(a) in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, which is required to be covered by an approved policy of insurance, where the action is instituted on or after 30 March 1984, and

(b) in assessing damages in any other action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, where the action is instituted on or after 4 April 1990.

[1993 s237(4)]

(4) In this section—

“approved policy of insurance” means a policy of insurance which, by virtue of section 62 of the Road Traffic Act 1961 (as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975)) is an approved policy of insurance for the purposes of that Act;

“mechanically propelled vehicle” has the meaning given to it by section 3 of the Road Traffic Act 1961 .

Reciprocal arrangements.

[1993 s238(1); 1997 s20 & Sch E]

287. —(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other state or government or the proper authority under any other government, in respect of matters relating to insurance and benefits under Part 2, old age (non-contributory) and blind pensions, widow’s (non-contributory) pension, widower’s (non-contributory) pension or orphan’s (non-contributory) pension, unemployment assistance and child benefit, and may by any such order make any adaptations of and modifications in respect of these matters that he or she considers necessary.

[1993 s238(2)]

(2) The Minister may by order amend or revoke an order under this section.

Provision of consultancy, training and contract services, etc.

[1994 s33]

288. —(1) The Minister may, with the consent of the Minister for Finance, for gain or otherwise, promote and enter into, with a specified body—

(a) a contract or an agreement for the provision by him or her to, or

(b) a contract, agreement or a joint venture for the provision by him or her with,

that body, of consultancy, advisory, training, technical assistance or contract services or the sale or provision of computer products, inside and outside the State.

[1994 s33]

(2) In this section “specified body” means—

(a) a body established by or under any enactment (other than the Companies Acts 1963 to 2005),

(b) a body established under the Companies Acts 1963 to 2005,

(c) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraphs (a) and (b),

(d) an institution of the European Communities,

(e) a competent authority of a state other than the State, or

(f) the United Nations, the World Bank or any other international institution recognised by the State.

Administration of social welfare schemes.

[1993 s239(1)]

289. —(1) The Minister may delegate to those persons that may be prescribed, any function in relation to the administration of any benefit that may be prescribed and any such delegation shall be subject to the conditions and in the circumstances that may be prescribed.

[1993 s239(2)]

(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.

Budgeting in relation to social welfare payments.

[1993 s240(1)]

290. —(1) The Minister may make regulations to provide that where a beneficiary consents, an amount of his or her benefit, which is determined by consultation and agreement between the Minister and the beneficiary, may be withheld and paid separately by the Minister to any specified body designated by the beneficiary.

[1993 s240(2)]

(2) Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection, provide for—

(a) the withdrawal of consent by a beneficiary,

(b) the time and manner in which the withdrawal shall take place, and

(c) the adjustment of any amount of benefit as a result of that withdrawal.

[1993 s240(3); 1996 s42]

(3) In this section “a specified body” means—

(a) a local authority,

(b) any other body established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2005), or

(ii) under the Companies Acts 1963 to 2005, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body,

or

(c) any other body that may be prescribed.

Regulations in relation to unpaid rent.

[Housing (MP) Act 1997 s17]

291. —The Minister may, after consultation with the Minister for the Environment, Heritage and Local Government, make regulations to provide that where rent due to a housing authority by a beneficiary is unpaid for a specified period or where the amount of rent unpaid exceeds a specified amount, an amount of the beneficiary’s benefit may, notwithstanding any provision of this Act, on application by the housing authority to the Minister, be withheld without the beneficiary’s consent and paid separately by the Minister to the housing authority, provided that the amount so withheld in any week shall not exceed the amount of the weekly rent payable by the beneficiary.

Regulations varying rates of benefit or assistance.

[1993 s241(1)]

292. —(1) Notwithstanding anything in this Act the Minister may by regulations increase temporarily or vary all or any of the rates of benefit (other than child benefit or family income supplement).

[1993 s241(2)]

(2) Regulations under subsection (1) shall not so vary the rate of any benefit as to reduce the amount of the rate payable at the commencement of the regulations.

Effect of means on certain rates of assistance.

[1993 s242; 2001 s37(1)(b)]

293. —Notwithstanding the provisions of this Act, in the case of a person who is in receipt of any assistance under Part 3 and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of €2.50, increase that amount to the next multiple of €2.50 in respect of the class of person or classes of persons that may be prescribed.

Regulations in relation to benefit or assistance.

[1993 s243]

294. —The Minister may make regulations in relation to any benefit, and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of this Act.

Application of provisions of this Act, etc., by regulations.

[1993 s244(1)]

295. —(1) In the case of any section of this Act which confers powers on the Minister to apply by regulations any provisions of this Act to matters referred to in that section, those powers are deemed to include powers to apply any provisions of any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.

[1993 s244(2)]

(2) The powers conferred on the Minister under section 23(3) of the Housing (Private Rented Dwellings) Act 1982 in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of this Act are deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.

Payment of increases in respect of qualified children.

[1993 s245]

296. —The Minister may provide by regulations for the payment of increases in respect of qualified children at the full rate to either parent of the children concerned notwithstanding that each parent is entitled to an increase in benefit in respect of qualified children.

Regulations in relation to payment of qualified adult increase in certain cases.

[1995 s15(1); 1997 s28(4) & Sch F]

297. —(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of a qualified adult, a claimant or beneficiary who would be entitled to an increase but for the fact that his or her spouse has income in excess of a prescribed amount.

[1995 s15(1)]

(2) Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue of those regulations shall be payable at a rate less than the appropriate rate specified in Schedule 2 or 4, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse exceeds the amount prescribed for the purposes of subsection (1).

[1995 s15(1); 2000 s20(1)]

(3) In this section “benefit” means benefit under Part 2.

Qualified adult (administrative schemes).

[2004 (MP) s19]

298. —(1) A person who, apart from this section, would be a qualified adult for the purposes of a scheme to which this section applies shall not be a qualified adult for the purposes of that scheme unless the person is a spouse within the meaning of this Act.

[2004 (MP) s19]

(2) Notwithstanding any enactment but without prejudice to subsection (1), the circumstances in which there arises an entitlement to—

(a) an allowance under a scheme to which this section applies, or

(b) an increase in the amount of that allowance,

by reference to the status or description of one or both, or all, of 2 or more persons residing or living together are those circumstances expressly set out in the scheme and not otherwise.

[2004 (MP) s19]

(3) This section applies to the following schemes administered by the Minister and known as—

(a) the Free Travel Scheme,

(b) the National Fuel Scheme,

(c) the Part-Time Job Incentive Scheme,

(d) the Back to Education Allowance,

(e) the Back to School Clothing and Footwear Allowance,

(f) the Back to Work Allowance (Employees),

(g) the Back to Work Enterprise Allowance,

(h) the Smokeless Fuels Allowance, and

(i) the Household Benefits Package,

being, in each case, the scheme in the terms as it has effect on 1 April 2004.