Social Welfare (Claims and Payments) Regulations, 1993.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Claims and Payments) Regulations, 1993.
2 Definitions.
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paragraphs: In these Regulations—
"beneficiary" means a person entitled to benefit;
save where otherwise provided, "benefit" means—
( a ) any benefit payable under Part II of the Principal Act (other than maternity allowance under Chapter 3, occupational injury benefits under Chapter 5 and treatment benefit under Chapter 16 of the said Act), and
( b ) any assistance payable under Part III of the Principal Act (other than supplementary welfare allowance under Chapter 6 of the said Act);
"claimant" means a person who has made a claim for benefit;
"local office" means an office of the Department of Social Welfare or such other place appointed by the Minister as a local office for the purposes of the Principal Act;
"the Principal Act" means the Social Welfare (Consolidation) Act, 1981 .
3 Interpretation.
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paragraphs: In these Regulations, a reference to a sub-article is to the sub-article of the article in which the reference occurs, unless it is indicated that a reference to some other article is intended.
PART II Claims
4 Claims.
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paragraphs: Every claim for benefit (including any increase thereof) shall be made to the Minister in the form for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.
5 Information to be given when making a claim.
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paragraphs: Every claimant shall furnish such certificates, documents, information and evidence as may be required by an officer of the Minister for the purposes of deciding the claim and in any particular class or classes of case, shall, for the purposes of making any such claim, attend at such office or place as an officer of the Minister may direct.
6 Prescribed time for making a claim.
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paragraphs: The prescribed time for making a claim shall be—
( a ) in the case of old age (contributory) pension, retirement pension and invalidity pension, the period commencing three months before and ending three months after the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto;
( b ) in the case of unemployment benefit, unemployment assistance, pre-retirement allowance, old age pension, blind pension and carer's allowance, the day in respect of which the claim is made;
( c ) in the case of widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance and lone parent's allowance, the period of three months from the day on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto;
(d) in the case of disability benefit, the period of seven days from the days from the day on which the person becomes or again becomes incapable of work; and
( e ) in the case of death benefit, the period of three months from the date of death of the decreased.
7 Provisional allowance of claims.
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paragraphs: (1) In the case of old age pension, where it appears to any person that although for the time being he is not entitled to pension, he will nevertheless become entitled to a pension at a future date, he may make a claim therefor at any time not more than three months before that date.
(2) Where a deciding officer is satisfied that a claimant is likely to be entitled to pension under sub-article (1), he may allow the claim provisionally so as to take effect on any future date not later than three month from the date of his decision.
8 Claims made outside prescribed time (disqualifications).
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paragraphs: Subject to article 9 of these Regulations, where a person fails to make a claim for benefit within the prescribed time, he shall be disqualified for receiving payment—
( a ) in the case of old age (contributory) pension, retirement pension, invalidity pension, widow's (contributory) pension and orphan's (contributory) allowance, in respect of any period more than three months before the date on which the claim is made;
( b ) in the case of unemployment benefit, deserted wife's benefit, death grant, unemployment assistance, pre-retirement allowance, old age pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance and carer's allowance, in respect of any period before the date on which the claim is made; and
( c ) in the cases of disability benefit, in respect of any period more than seven days before the date on which the claim is made.
9 Extension of time for making claim.
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paragraphs: Where a claimant proves to the satisfaction of the Minister that—
( a ) on a date earlier than the date on which his claim for benefit (including any increase thereof) was made, apart from satisfying the condition of making a claim, he was entitled thereto, and
( b ) throughout the period between the earlier date and the date on which his claim was made there was good cause for the delay in making such claim, he shall not be disqualified for receiving payment of the amount to which he would have been entitled if the claimed had been made on the earlier date:
Provided that no sum shall be paid to a claimant on account of benefit in respect of any period more than six months before the date on which the claim (including any increase thereof) therefor is made.
10 Information to be furnished by claimants and beneficiaries.
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paragraphs: (1) Every claimant or beneficiary and every person by whom any benefit is receivable on behalf of a claimant or beneficiary shall—
( a ) furnish in such manner and at such times as the Minister may determine, such certificates, documents and information affecting the right to benefit or to the receipt thereof as the Minister may require, and
( b ) notify the Minister of any change in circumstances which affect the right to such benefit, or to the receipt thereof, as soon as is reasonably practicable thereafter.
(2) The period prescribed for the purposes of section 33 (1) of the Social Welfare Act, 1993 shall be—
( a ) in the case of old age pension and blind pension, three months, and
( b ) in any other case, seven days.
11 Failure to give evidence of incapacity.
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paragraphs: (1) The prescribed notice for the purposes of section 23 (3) of the Principal Act, shall be a claim for disability benefit made in the from for the time being approved by the Minister or in such other manner as the Minister may accept as sufficient in the circumstances.
(2) A claimant for disability benefit who fails or neglects for a period exceeding six months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period.
(3) Where the Minister is satisfied that there was good cause for the delay in submitting or continuing to submit evidence of the incapacity, he may extend the period of six months to the date on which the evidence is submitted.
PART III Payments
12 Manner of payment.
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paragraphs: (1) Benefit shall be paid in accordance with a decision under the provisions of the Principal Act as soon as is reasonably practicable thereafter in such manner as the Minister may determine in any particular class or classes of case.
(2) Subject to sub-article (3), the manner of payment under sub-article (1) shall comprise—
( a ) an order payable at a post office designated by the claimant or where the Minister considers it appropriate, at a post office designated by the Minister,
( b ) a cheque issued by post or otherwise to a claimant or beneficiary at his place of residence,
( c ) by direct credit transfer to an account nominated by the claimant or beneficiary and where benefit is so paid, the claimant or beneficiary shall be deemed to have received such payment, and
( d ) in cash payable at a local office or at a post office.
(3) The Minister may arrange for the payment of benefit otherwise than in accordance with sub-article (2) where the circumstances so warrant.
13 Time of payment.
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paragraphs: (1) Subject to sub-article (4), benefit shall be paid—
( a ) in the case of unemployment benefit, disability benefit and unemployment assistance on such days and at such intervals as the Minister may determine in any particular class or classes of case,
( b ) in the case of retirement pension, invalidity pension, deserted wife's benefit, pre-retirement allowance, deserted wife's allowance, prisoner's wife's allowance, lone parent's allowance (other than a lone parent's allowance payable in respect of a widow or a widower) and carer's allowance, weekly in advance on the Thursday of each week, and
( c ) in the case of old age (contributory) pension, widow's (contributory) pension, orphan's (contributory) allowance, old age pension, blind pension, widow's (non-contributory) pension, orphan's (non-contributory) pension and lone parent's allowance in respect of a widow or a widower, weekly in advance on the Friday of each week.
(2) (a) Where the day from which a payment or a change in the rate of a payment under paragraph ( b ) of sub-article (1) takes effect is a day of the week other than a Thursday, such payment or the change in the rate of payment shall take effect as from the next following Thursday.
(b) Where a payment under paragraph ( b ) of sub-article (1) ceases to be payable as from and including a day of the week other than a Thursday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Thursday.
(3) (a) Where the day from which a payment or a change in the rate of a payment under paragraph ( c ) of sub-article (1) takes effect from a day other than a Friday, such payment or the change in the rate of such payment shall take effect as from and including the next following Friday.
(b) Where a payment under paragraph ( c ) of sub-article (1) ceases to be payable as from and including a day of the week other than a Friday, such payment shall continue to be payable in respect of the days of the week up to but not including the next following Friday.
(4) The Minister may in any particular class or classes or case, arrange for the payment or any benefit other than weekly in advance or otherwise.
14 Payable orders.
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paragraphs: (1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.
(2) A book of orders issued to any person shall remain the property of the Minister.
(3) Any person having a book of orders or any unpaid orders in respect of benefit shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.
15 Extinguishment of right to payment.
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paragraphs: Where benefit has been duly awarded to a claimant or beneficiary and is being paid to that person, the right to any sum payable by way of such benefit shall be extinguished where payment thereof is not obtained within six months
PART IV Payment to Persons other than the claimant or beneficiary.
16 Nominated persons.
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paragraphs: (1) A claimant or beneficiary may nominate another person to receive payment of benefit on his behalf and subject to the consent of the Minister, such benefit may be payable to the person so nominated.
(2) Every nomination under sub-article (1)—
( a ) shall be made to the Minister in the form for the time being approved by him, and
( b ) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.
(3) The Minister may, where he considers it appropriate, withdraw his consent to a nomination under sub-article (1).
17 Persons unable to act.
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paragraphs: (1) Where a claimant or beneficiary is—
( a ) unable for the time being to act, or
( b ) under the age of 16 years,
the Minister may appoint some other person to exercise any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary.
(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
(3) Anything required to be done by a claimant or beneficiary in relation to benefit may be done as respects a claimant or beneficiary who is unable to act by the person appointed under sub-article (1) to act on his behalf.
18 Payment to appointed persons—generally.
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paragraphs: The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary, so much of the benefit as is payable in respect of—
( a ) disability benefit, by virtue of sections 21 (1) and 21 (2) of the Principal Act;
( b ) unemployment benefit, by virtue of sections 32 (1) and 32 (2) of the Principal Act;
( c ) old age (contributory) pension, by virtue of sections 81 (1) and 81 (2) of the Principal Act;
( d ) retirement pension, by virtue of sections 86 (1) and 86 (2) of the Principal Act;
( e ) invalidity pension, by virtue of sections 91 (1) and 91 (2) of the Principal Act;
( f ) widow's (contributory) pension, by virtue of section 95 (1) of the Principal Act;
( g ) deserted wife's benefit, by virtue of section 103 (1) of the Principal Act;
( h ) in respect of unemployment assistance—