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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 3

Old Age and Blind Pensions (Non-Contributory)

Old Age Pension

Interpretation.

[1974 (No. 1), s. 6]

157. —For the purposes of this Chapter—

qualified child” in relation to a claimant or pensioner means—

(a) a qualified child, as defined in section 2 (1), who normally resides with the claimant or pensioner, or

(b) where the claimant or pensioner is a woman who is not a widow, a qualified child, as so defined, who normally resides with the husband of the claimant or pensioner or with the head of the household in which she resides, or

(c) where the claimant or pensioner is a widow—

(i) a qualified child, as so defined, or

(ii) a person who is over the age of 18 years and under the age of 21 years, is receiving full-time instruction by day at any university, college, school or other educational establishment and would, if he were under the age of 18 years, be a qualified child, as so defined,

who normally resides with her;

[1952, s. 77]

weekly means” shall be the yearly means divided by 52.

Right to pension.

[1908 OAP, s. 1]

158. —(1) Every person in whose case the conditions laid down by this Chapter for the receipt of an old age pension (in this Chapter referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Chapter so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Chapter for the receipt of the pension.

[1974 (No. 2), s. 10]

(2) Subject to section 125 , payment of the pension shall continue to be made for a period of 6 weeks after the date of death of a pensioner who had an increase under section 162 (1) (d).

Statutory conditions.

[1908 OAP, s. 2; 1976 (No. 2), s. 13; 1977, s. 13; 1978, s. 3]

159. —(1) The statutory conditions for the receipt of an old age pension by any person are—

(a) the person must have attained pensionable age;

(b) the person must satisfy the pension authorities that he has had his residence in the State for an aggregate period of not less than 15 years; and

[1924 OAP, s. 8; 1980, s. 3]

(c) the person must satisfy the pension authorities that his means as calculated in accordance with the Rules contained in the Third Schedule do not exceed the appropriate highest amount of means at which pension may be paid to that person in accordance with section 161 .

[1932 OAP, s. 2]

(2) In computing for the purposes of the statutory condition imposed by subsection (1) (b) the period of residence of any person in the State, any temporary absence from the State not exceeding 6 months in such period and any residence in the late United Kingdom of Great Britain and Ireland in such period before 6th December, 1922, and any absence from the State in such period during which such person has maintained or assisted in maintaining any dependant in the State, shall be reckoned in and form part of such period.

[1952, s. 80]

(3) Where a woman was, immediately before she attained pensionable age, entitled to a widow's (non-contributory) pension, it shall not be necessary for the statutory condition imposed by subsection (1) (b) to be satisfied in her case.

Special conditions for receipt of pension.

[1966 MP, s. 13; 1974 (No. 2), s. 23]

160. —Where a person who has attained pensionable age is in receipt of or entitled to deserted wife's benefit, a widow's (contributory) pension or old age (contributory) pension or is a person in respect of whom an increase of the latter pension is payable by virtue of section 81 (1) and would but for section 163 (4), (5) and (6) be qualified for the receipt of an old age pension—

(a) the person may, notwithstanding anything contained in the said section 163 (4), (5) and (6), be paid the old age pension for any period during which the rate of pension payable would be greater than the rate of deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, payable, and

(b) in any case where the old age pension is so paid, entitlement to deserted wife's benefit, widow's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such benefit, pension or increase payable during any such period—

(i) shall not be paid to or in respect of the person, and

(ii) shall be paid out of the Social Insurance Fund to the Exchequer.

Rates of pension and increases for child dependants.

[1952, s. 77; 1980, s. 3]

161. —(1) The rate (in this Chapter referred to as the scheduled rate) of old age pension shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased, where there is a qualified child or there are qualified children, by the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children and, in addition, where there are more than two such children, by the amount set out in column (5) of that Part in respect of each such child in excess of two.

(2) The pension shall be payable—

(a) where the weekly means of the claimant or pensioner do not exceed £6, at the scheduled rate, and

(b) where such weekly means exceed £6, at the scheduled rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £6, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than 50p, the pension shall not be payable.

Increases for incapacitated and married pensioners.

[1980, s. 3]

162. —(1) The weekly rate of old age pension payable in accordance with section 161 shall be increased—

(a) by the amount set out in column (6) of Part I of the Fourth Schedule for any period during which—

(i) the pensioner is so incapacitated as to require full-time care and attention,

(ii) there is residing with the pensioner for the purpose of providing that care and attention a prescribed relative of the pensioner, and

(iii) such conditions as may be prescribed are fulfilled, and

[1977, s. 2]

(b) by the amount set out in column (7) of Part I of the Fourth Schedule where the person entitled to the pension has attained pensionable age and is living alone, and

[1972, s. 2; 1979, s. 2]

(c) by the amount set out in column (8) of Part I of the Fourth Schedule where the pensioner has attained the age of 80 years, and

(d) by the amount calculated in accordance with Part III of the Fourth Schedule where the pensioner is one of a married couple—

(i) if the pensioner is a man, in respect of his wife if he is living with or wholly or mainly maintaining her and she is not in receipt of any benefit, pension or allowance under Part II or this Part, or

(ii) if the pensioner is a woman, in respect of her husband if she is wholly or mainly maintaining him and he is incapable of self-support by reason of physical or mental infirmity and is not in receipt of any benefit, pension or allowance under Part II or this Part.

[1969 MP, s. 16]

(2) An application for an increase under subsection (1) (a) shall be decided by a deciding officer.

Disqualifications.

[1911 OAP, s. 5; 1932 OAP, s. 4; 1960 MP, s. 7]

163. —(1) A sum shall not be paid on account of an old age pension—

(a) to any person while absent from the State, or

(b) if payment of the sum is not obtained within 3 months or, in any case where the Minister so thinks fit, 6 months after the date on which it has become payable.

[1960 MP, s. 6]

(2) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of such residence, in receipt of old age pension, payment of the pension may, notwithstanding anything contained in subsection (1) (a) but subject to subsection (1).(b), be made until either—

(a) the expiration of a period of 5 years from the commencement of such residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland,

whichever should first occur.

[1908 OAP, s. 3; 1919 OAP, s. 10]

(3) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or continuing to receive old age pension while he is detained in prison in consequence of the order.

[1960 AM, s. 20]

(4) Except as provided in section 160 , receipt of old age (contributory) pension by a person shall be a disqualification for the receipt by that person of old age pension.

(5) A person to whom benefit under section 87 is payable or in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1) shall, except as provided in section 160 , be disqualified, for any period in respect of which the said benefit under the said section 87 is payable to him or the weekly rate of such pension payable to such other person is so increased, for receiving old age pension.

[1974 (No. 2), s. 22]

(6) A person who has attained pensionable age and is in receipt of a widow's (contributory) pension or deserted wife's benefit shall, except as provided in section 160 , be disqualified for receiving old age pension for any period in respect of which she is in receipt of the widow's (contributory) pension or deserted wife's benefit.

Decisions and appeals.

[1908 OAP, s. 7]

164. —(1) All claims for old age pensions and all questions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or continuing to receive a pension, shall be considered and determined as follows—

(a) any such claim or question shall stand referred to the appropriate local pension committee within the meaning of section 165 (1), and the committee shall (except in the case of a question which has been originated by the social welfare officer and on which the committee have already received his report), before considering the claim or question, refer it for report and inquiry to the social welfare officer;

(b) the appropriate social welfare officer appointed under section 165 (4) shall inquire into and report upon any claim or question so referred to him, and the local pension committee shall, on the receipt of the report of the said officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question.

(2) The decision of the local pension committee on any claim or question which is not referred to an appeals officer shall be final and conclusive.

[1978, s. 21]

(3) Notwithstanding anything in this Chapter, where a social welfare officer is of the opinion that the statutory conditions for the receipt of old age pension are fulfilled, such pension may be paid at a rate specified by the officer without prejudice to any subsequent decision relating to that pension (or to the rate of the pension) by a local pension committee or by an appeals officer.

Local pension committees and social welfare officers.

[1908 OAP, ss. 8, 11 (2)]

165. —(1) The local pension committee shall be a committee appointed for every borough and urban district, having a population according to the last published census for the time being of 10,000 or over, and for every county (excluding the area of any such borough or district), by the council of the borough, district or county. The persons appointed to be members of a local pension committee need not be members of the council by which they are appointed.

(2) A local pension committee may appoint such and so many sub-committees, consisting either wholly or partly of the members of the committee as the committee think fit, and a local pension committee may delegate, either absolutely or under such conditions as they think fit, to any such sub-committee any powers and duties of the local pension committee under this Chapter.

(3) Any reference in this Chapter to pension authorities shall be construed as a reference to the social welfare officer, the local pension committee and the appeals officer, or to any one of them, as the case requires.

[1908 OAP, s. 8 (4); S.R. & O. No. 18 of 1947; 1960 MP, s. 24]

(4) Social welfare officers shall be appointed by the Minister and the Minister may appoint such number of those officers as he thinks fit to act for such areas as he directs.

Raising of questions.

[1911 OAP, s. 6]

166. —(1) An application may be made at any time to alter or revoke a provisional allowance of a claim for an old age pension, and the following questions may be raised at any time—

(a) whether at any time or during any period a person has been in receipt of old age pension when the statutory conditions were not fulfilled, or when he was disqualified for receiving the pension; and

(b) whether a person has been at any time or during any period in receipt of old age pension at a certain rate when his means exceeded the amount which justified the payment of a pension at that rate, and, if so, at what rate the pension (if any) should have been paid, and

(c) whether a person who is in receipt of old age pension at a certain rate is, having regard to his means, entitled to pension at a higher or a lower rate, and, if so, at what rate the pension (if any) should be paid.

(2) Section 164 shall apply to any such question or application as it applies to the questions mentioned in that section.

(3) Any such question may be raised notwithstanding that the deciding of the question involves a decision as to the correctness of a former decision of the local pension committee or the appeals officer, as the case may be, but, where by a later decision a former decision is reversed, a person who has received any sums on account of an old age pension in accordance with the former decision shall, not-withstanding anything in section 169 (3), in the absence of any fraud on his part, be entitled to retain any sum so received up to the date of the later decision which he would have been entitled to retain but for the reversal of the former decision.

(4) Where a question is raised as to the disqualification of a person to receive old age pension and it is alleged that the disqualification has arisen since the person has been in receipt of the pension, and that the disqualification is continuing at the time the question is raised, or, if it has ceased, has ceased less than three weeks before that time, the payment of the pension shall be discontinued, and no sum shall be paid to the pensioner on account of the pension after the date on which the question is raised: provided that, if the question is decided in favour of the pensioner, he shall be entitled to receive all sums which would have been payable to him if the question had not been raised.

(5) If the decision on any question involves the discontinuance of old age pension, or the reduction of the rate at which the pension is paid, or if, in a case where the payment of the pension has been discontinued on the raising of the question, the question is not decided in favour of the pensioner, the person in respect of whose pension the decision is given shall not be entitled to receive a pension or to receive a pension at a rate higher than that determined by the committee or the appeals officer, as the case may be, notwithstanding any change of circumstances, unless he makes a fresh claim for the purpose and the claim is allowed or, in a case where he alleges that he is entitled to receive a pension at a higher rate, raises a question for the purpose and the pension is allowed at a higher rate.

Commencement of pensions.

[1908 OAP, s. 5]

167. —(1) Old age pension, subject to any directions of the Minister in special cases, shall be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.

[1919 OAP, s. 6]

(2) Subject to regulations under section 170 (4) where old age pension is first allowed, the pension shall commence to accrue, and where, by virtue of a decision on any question which has been raised, a pension becomes payable at an increased rate, the pension shall become payable at the increased rate, on the first Friday after the date on which the claim for the pension is received by the social welfare officer or on which the notice of the question is received by the said officer, as the case may be, or on the first Friday after the date on which the claimant or the pensioner first becomes entitled to the pension or on which the pension first becomes payable at the increased rate, whichever is the later, or, if the later of those two dates is a Friday, on that Friday.

(3) Where a public holiday within the meaning of the Holidays (Employees) Act, 1973 , falls on a Friday, the Minister may, if he thinks fit, direct that sums payable by way of old age pensions on that Friday shall be paid on some other day, whether earlier or later.

General provisions as to prosecutions.

[1960 MP, s. 20; 1976 (No. 2), ss. 5, 11]

168. —(1) Proceedings for an offence under this Chapter or under regulations made under this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for an offence under this Chapter or under regulations made under this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof.

(5) Where in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for old age pension, and

(b) that as a result of that application pension has been paid to any person (whether or not such pension was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

Legal proceedings.

[1908 OAP, s. 9; 1960 MP, s. 22; 1976 (No. 2), ss. 9, 10]

169. —(1) Every person—

(a) who for the purpose of obtaining or continuing old age pension either for himself or for any other person, or for the purpose of obtaining or continuing a pension, either for himself or for any other person, which is of an amount in excess of the amount appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any fact which is to his knowledge material, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is not entitled to receive or which is of an amount in excess of the amount which he is entitled to receive,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) shall be disqualified for receipt of old age pension for a period of 6 months immediately following the date of the conviction. This subsection shall not apply to any offence committed prior to 12th July, 1976.

[1908 OAP, s. 9]

(3) If it is found at any time that a person has been in receipt of old age pension while the statutory conditions were not fulfilled in his case or while he was disqualified for receiving the pension, he or, in the case of his death, his personal representative, shall be liable to repay to the Minister any sums paid to him in respect of the pension while the statutory conditions were not fulfilled or while he was disqualified for receiving the pension, and the amount of those sums may be recovered as a debt due to the State.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

[1911 OAP, s. 7]

(5) Subsection (3) shall apply, with the necessary modifications, to cases where an old age pension is received at a higher rate than that appropriate to the case as it applies to cases where a person has been in receipt of an old age pension while the statutory conditions were not fulfilled.

(6) For the purposes of subsections (3), (5), (7) and this subsection, any decision of the local pension committee under section 164 on any question which is not referred to an appeals officer and the decision of the said appeals officer on any question which is referred to him in accordance with section 298 shall be conclusive proof of any matters decided by the committee or the said officer. A copy of any decision of the local pension committee or an appeals officer, if authenticated as provided by regulations made for the purpose under section 170 , shall be received in evidence.

(7) Where any person who is in receipt of old age pension is liable to repay to the Minister any sums under subsection (3) in consequence of the finding of a local pension committee, or an appeals officer in the case of a question referred to him, the Minister shall be entitled, without prejudice to his powers under that subsection, to direct the deduction of those sums from any sums to which that person becomes entitled on account of old age pension, as provided by regulations made for the purpose under section 170 : provided that, in the case of a personal representative, the deduction shall only be made from any sums to which that person becomes entitled as a personal representative.

[1961 MP, s. 7]

(8) The power conferred on the Minister by subsection (7) may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to repay to the Minister as aforesaid, and any costs required by the order aforesaid to be paid to the Minister shall be deemed, for the purposes of the said subsection (7), to be sums which the person is liable to repay to the Minister under subsection (3).

[1960 MP, s. 21]

(9) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person old age pension was allowed or awarded or that the amount of a pension payable to or in respect of a person was varied and that the pension as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the pension was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a pension of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the pension of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the pension is varied or further varied, as the case may be, or the date on which the pension ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

[1960 MP, s. 23]

(10) Any debt due to the State or the Minister under this Chapter in respect of payments of old age pensions to persons at times when they were not entitled to receive them or payments of pensions to persons of amounts in excess of the amounts which they were entitled to receive may, without prejudice to any other remedy, be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

Regulations.

[1908 OAP, s. 10]

170. —(1) The Minister, in conjunction with the Minister for Posts and Telegraphs (so far as relates to the Post Office), may make regulations for the purposes of this Chapter—

(a) specifying the evidence to be required as to the fulfilment of statutory conditions;

(b) specifying the manner in which claims to pensions may be made, and the procedure to be followed on the consideration and determination of claims and questions to be considered and determined by social welfare officers and local pension committees or by an appeals officer, and the mode in which any question may be raised as to the continuance, in the case of a pensioner, of the fulfilment of the statutory conditions, and as to the disqualification of a pensioner; and

(c) as to the number, quorum, term of office and proceedings generally of the local pension committee and the use by the committee, with or without payment, of any offices of a local authority, and the provision to be made for the immediate payment of any expenses of the committee which are ultimately to be paid by the Minister.

[1961 MP, s. 6]

(2) The regulations shall provide for enabling claimants for pensions to make their claims and obtain information as respects old age pensions under this Chapter through the Post Office, and for provisionally allowing claims to pensions before the date on which the claimant will become actually entitled to the pension, in such manner and subject to such conditions as may be laid down by the regulations, and for making the procedure for considering and determining on any claim for a pension or question with respect to an old age pension under this Chapter as simple as possible.

[1919 OAP, s. 7]

(3) Regulations may also be made for enabling a local pension committee to appoint a person to exercise on behalf of any claimant or pensioner who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or pensioner may be entitled under this Chapter and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or pensioner any sums payable by way of old age pension.

[1952, s. 84]

(4) Regulations may apply any of the provisions of or made under sections 112 , 113 , 128 , 297 , 298 , 299 and 300 to pensions under this Chapter, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Chapter or Part VIII .

Pensions of persons in certain mental institutions.

[1960 MP, s. 8]

171. —(1) Subject to subsection (2), the whole of any amounts payable on foot of old age pension to a person while the person is detained in a district or auxiliary mental hospital within the meaning of the Mental Treatment Act, 1945 , or while he is detained in any place as an eligible patient, within the meaning of that Act, or in the Central Mental Hospital, shall be appropriated towards the cost of maintenance of the person in the place where he is being detained.

[1965 MP, s. 11; 1969 MP, s. 17]

(2) Where the old age pension of a person is appropriated under subsection(1), the person in charge, within the meaning of the said Act, of the place where the person is detained, or, if the person is detained in the Central Mental Hospital, the Resident Physician and Governor thereof may, in his absolute discretion, do either or both of the following—

(a) pay to the person for his own use such portion of the pension as he considers proper in the particular circumstances, if, in his opinion, the person is capable of making proper use of the portion so paid,

(b) make out of the pension all or part of such of the following payments as the person in charge thinks proper in the circumstances to make and fall to be made by the person, that is to say, rent, ground rent, rates (including water rates), land purchase annuities, payments in respect of charges or mortgages, cottage purchase annuities, instalments payable under hire purchase or credit sale agreements and insurance or assurance premiums.

Notification of increase of means.

[1960 MP, s. 16]

172. —(1) Where—

(a) a person is in receipt of old age pension or has made a claim for pension which has not been finally determined, and

(b) (i) the income in cash of the person, or

(ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim, the person shall, before the expiration of the period of 3 months after the end of the month in which such increase occurred, give, or cause to be given, to a social welfare officer notification of the increase.

(2) A person who contravenes subsection (1) or, in case he is dead, his personal representative shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in section 166 (3), be liable to pay the Minister on demand—

(a) if, by reason of the contravention, the person was in receipt of old age pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and

(b) if, by reason of the contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.

(3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.

[1979, s. 27]

(4) Where a person has contravened subsection (1) and the Minister is satisfied that there was, in relation to the contravention, no fraudulent intent on the part of the person and that there are no significant resources available to that person, subsections (2) and (3) shall not apply in relation to the increase referred to in subsection (1).

Furnishing of information to social welfare officers.

[1960 MP, s. 17]

173. —(1) A person who is in receipt of old age pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.

(2) Where a person who is in receipt of old age pension fails to comply with a request under subsection (1), the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and

(a) the suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—

(i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,

(ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and

(iii) that, if the authorisation referred to in subsection (1) (b) was requested, such authorisation has been given,

(b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c), such payment (if any) as may be made to him under that paragraph, and

(c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.

Furnishing of information to social welfare officers by personal representatives.

[1960 MP, s. 18; 1976 (No. 2), s. 9]

174. —(1) The personal representative of a person who at any time was in receipt of old age pension, shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.

(2) A person who fails to comply with a request under subsection (1) shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

[1960 MP, s. 19]

(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person inform the Minister, by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.

(4) A personal representative who contravenes subsection (3) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or

(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

Blind Pension

Right to pension and statutory conditions.

[1976 (No. 2), s. 13; 1980, s. 4]

175. —(1) Every blind person who has attained the age of 18 years shall be entitled to receive and to continue to receive such pension (in this Act referred to as a blind pension) as under this Chapter he would be entitled to receive if he had attained pensionable age, and the provisions of this Chapter and of section 4 as to expenses shall apply in all respects in the case of such person subject to the following modifications—

(a) for the statutory condition contained in section 159 (1) (a) there shall be substituted the condition that the person must be a person who has attained the age of 18 years and satisfies the pension authorities that he is so blind that either he cannot perform any work for which eyesight is essential or that he cannot continue his ordinary occupation; and

(b) for the statutory condition contained in section 159 (1) (b) there shall be substituted the condition that the person shall satisfy the pension authorities that, since reaching the age of 10 years, he has had his residence in the State for an aggregate period of 5 years, and the provisions of section 159 (2) in relation to the interpretation of section 159 (1) shall apply to the interpretation of the condition imposed by this paragraph.

(2) A blind person in respect of whom a pension is payable under this section shall not be a qualified child for the purposes of this Act.