Social Welfare (Family Income Supplement) Regulations, 1984.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Family Income Supplement) Regulations, 1984.
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paragraphs: In these Regulations—
"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
"the Minister" means the Minister for Social Welfare;
"supplement" means a family income supplement under section 232B of the Act (as inserted by section 13 of the Social Welfare Act, 1984 );
"beneficiary" means a person entitled to a supplement;
"claimant" means a person who has made a claim for a supplement;
"earnings from employment" means emoluments other than non-pecuniary emoluments, to which Chapter IV of Part V of the Income Tax Act, 1967 (No. 6 of 1967) applies.
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paragraphs: (1) Subject to article 5, weekly family income within the meaning of section 232A of the Act shall be calculated or estimated—
( a ) subject to sub-article (2), insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the period of two months immediately prior to the date on which the claim for supplement has been made where such earnings are received at monthly intervals, or in the period of six weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,
( b ) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the period of twelve months preceding the date of claim by fifty-two,
( c ) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.
(2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not be appropriate to determine the amount of weekly family income, he may, for the purposes of this article have regard to such other period or periods which appear to him to be appropriate for that purpose.
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paragraphs: In calculating or estimating weekly family income the following items shall be disregarded—
( a ) any sums received by way of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension under the Act;
( b ) any sums received by way of children's allowances under the Act;
( c ) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 (No. 1 of 1970);
( d ) any sums received by way of rent allowance under article 4 of the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 );
( e ) any sums received by way of supplement;
( f ) any sums received by way of supplementary welfare allowances under the Act;
( g ) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned).
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paragraphs: For the purposes of these Regulations a person shall be regarded as being engaged in remunerative full-time employment as an employee where—
( a ) he is normally engaged in remunerative employment for not less than 30 hours a week, and
( b ) he is engaged in remunerative employment for not less than 30 hours in—
(i) the week in which the claim for supplement is made, or
(ii) either of the two weeks immediately preceding the week in which the claim for supplement is made, or
(iii) the week immediately following the week in which the claim for supplement is made.
PART IICLAIMS AND PAYMENTS
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paragraphs: (1) Every claim for a supplement shall be made to the Minister in a form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances of the particular case.
(2) Where a family, as defined in section 232A of the Act, comprises a person and his or her spouse both such persons shall join in any claim for supplement as respects that family.
(3) A claimant may withdraw his claim at any time before a decision has been made on it by giving notice to that effect in writing to the Minister.
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paragraphs: Every person who makes a claim for a supplement shall furnish such certificates, documents, information and evidence 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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paragraphs: Where a claim for supplement is made by an employee, his employer shall on being so required by the Minister furnish to the Minister the following information relating to the employee—
( a ) the nature of his employment,
( b ) the total amount of gross earnings derived by the employee from his employment with the employer in respect of any period,
( c ) the total number of hours worked by the employee in that employment in any period.
( d ) any other relevant information that may be required by the Minister.
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paragraphs: (1) Subject to sub-articles (2) and (4) payment of a supplement shall be made with effect from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to a supplement, whichever is the later.
(2) Where the day from which payment of a supplement or from which a change in the rate of payment of a supplement would take effect, is a day of the week other than a Thursday, payment of the supplement shall commence, or recommence, or the change in the rate of payment of the supplement shall take effect only as from and including the next Thursday.
(3) Where a supplement would cease to be payable as from and including a day of the week other than a Thursday, the supplement shall continue to be payable up to but not including the next Thursday.
(4) Where a beneficiary makes a claim not more than four weeks before or after the end of a period for which a supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which supplement was previously payable.
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paragraphs: (1) In the case of a claim to supplement received by the Minister prior to the 1st day of December, 1984, for the purposes of Article 9 (1), the date on which the claim was received by the Minister shall be deemed to have been the 6th day of September 1984.
(2) Where payment of a supplement commences from a date prior to the 1st day of November, 1984 the supplement shall continue in payment up to the 30th day of October 1985.
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paragraphs: (1) Supplement shall be paid weekly in advance on the Thursday of each week by means of an order payable to the beneficiary, at such post office, hereinafter called the appropriate post office, as the Minister after enquiry from the beneficiary, may from time to time determine.
(2) Where a supplement is payable, the Minister shall—
( a ) cause arrangements to be made whereby, on furnishing such evidence as to identify and such other particulars as may be required, a beneficiary may obtain a book of orders, and
( b ) notify the beneficiary of the arrangements so made.
(3) A book of orders issued to any person shall remain the property of the Minister.
(4) Any person having a book of orders or any unpaid order shall, on the termination of the supplement 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.
(5) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of a supplement otherwise than weekly in advance or otherwise than by means of orders payable to the beneficiary or on a day other than a Thursday as may appear to him to be appropriate.
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paragraphs: The right to any sum payable by way of supplement shall be extinguished where payment is not obtained within six months from the date on which that sum is payable under article 11 of these Regulations.
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paragraphs: (1) A person who is entitled to supplement may, with the consent of the Minister, nominate any of the following persons to receive the supplement on his behalf—
( a ) his spouse
( b ) any other person subject to such conditions as the Minister thinks fit.
(2) Every nomination under the sub-article (1) may, by notice in writing given to the Minister, be revoked.
(3) The Minister may withdraw his consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him.
(4) The receipt of a person nominated under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the beneficiary.
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paragraphs: (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of supplement on behalf of such claimant or beneficiary and the Minister may revoke such an appointment.
(2) Anything required to be done to a claimant or beneficiary in relation to a supplement may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act for such claimant or beneficiary.
(3) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.
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paragraphs: (1) Where a claimant dies and a decision has not yet been made regarding his claim to supplement such claim may be proceeded with in his name.
(2) Where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of six weeks, or for the remainder of the 52 week period of payment under section 232 D of the Act whichever is the lesser, after the date of death to a person who satisfies the Minister that he will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.
(3) Where a beneficiary dies, any sums payable to him at the date of death may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased to or among such persons as appear to the Minister to be beneficially entitled thereto.
(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
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paragraphs: Where it appears to the Minister that a question has arisen or may arise as to whether—
( a ) the conditions for the receipt of supplement payable under a decision are or were fulfilled;
or
( b ) a decision that supplement is payable ought to be revised under section 300 of the Act,
he may direct that payment of the supplement shall be suspended in whole or in part until that question has been decided.
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paragraphs: Where by a decision on revision or appeal it is decided that benefit under Part II or assistance under Part III Chapter 2 of the Act is payable to a person in lieu of supplement payable to him by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.
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paragraphs: Any debt due to the State in respect of payment of supplement may, without prejudice to any other method of recovery, be recovered by deduction from any one or more of the following, that is to say, benefit under Part II of the Act (except maternity allowance, death benefit by way of orphan's pension or orphan's (contributory) allowance), assistance under Part III, Chapter 2 of the Act, a pension under Part III, Chapter 3 of the Act, or a widow's (non-contributory) pension under Part III, Chapter 4 of the Act to which a beneficiary then is or becomes entitled.
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paragraphs: A person who fails to comply with article 8 or with articles 11 (4) and 13 (3) of these Regulations shall be guilty of an offence and shall be liable at the discretion of the court on summary conviction of such offence to a fine not exceeding £500 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
PART IIIAPPLICATION OF CERTAIN PROVISIONS OF THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981
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paragraphs: (1) The provisions of the enactments mentioned in the first column of the Schedule hereto shall apply to supplement and in such application shall be modified so that the said provisions shall read as set out in the second column of the said Schedule.
(2) The procedure to be followed on appeals and references under section 298 of the Act as respects supplement shall be as set out in articles 4 to 9 and 11 to 16 of the Social Welfare (Insurance Appeals) Regulations, 1952 ( S.I. No. 376 of 1952 ).