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26 2005

Social Welfare Consolidation Act 2005

SCHEDULE 6

COMMENCEMENT OF CERTAIN PROVISIONS

Section 364.

Disqualification from benefit while absent from State or undergoing imprisonment, etc.

[1995 s22]

1. (1) This Act is amended by substituting the following for section 249 :

“249.—(1) Subject to section 219 , a person shall be disqualified from receiving—

(a) any benefit (including any increase of that benefit) while that person is absent from the State or is undergoing penal servitude, imprisonment or detention in legal custody, or

(b) any increase of benefit payable in respect of that person’s spouse for any period during which that spouse is absent from the State or is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Notwithstanding subsection (1), the Minister may make regulations enabling payment of any benefit or assistance to be made, subject to the conditions and in the circumstances that may be prescribed, to or in respect of any person who is absent from the State or is undergoing penal servitude, imprisonment or detention in legal custody.”.

Miscellaneous amendments.

[1995 (No. 2) s10(4)]

2. Each provision of this Act mentioned in column (1) of the Table to this section is amended in the manner specified in column (2) of that Table opposite the mention of that provision in column (1).

Table

Provisions affected

Amendment

(1)

(2)

Sections 43(1), 66(1), 76(1), 112(1), 117(1), 122(1), 142(1), 150(1)(a) and 157(1)(a).

The insertion after “subject to the restriction that” of “, except where regulations otherwise provide,”.

 

Old age (contributory) and retirement pension — extension of entitlement to reduced rate pension and changes in contribution conditions.

3. (1) This Act is amended—

[1997 s12]

(a) in section 109 , by substituting the following for subsection (16):

“(16) (a) Subject to paragraph (b), regulations may provide for entitling to old age (contributory) pension a relevant person who would be entitled but for the fact that the contribution conditions set out in subsection (1)(b) and (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(b) For the purposes of paragraph (a) the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.”,

and

(b) in section 115 , by substituting the following for subsection (7):

“(7) (a) Regulations may provide, subject to paragraph (b) and subsection (8), for entitling to retirement pension a relevant person who would be entitled to that pension but for the fact that the contribution conditions set out in subsection (1)(b) and (c) are not satisfied and who, in respect of any period, has been mainly employed in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(b) For the purposes of paragraph (a), the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.”.

(2) Each provision of this Act mentioned in column (1) of the Table to this section is amended in the manner specified in column (2) of that Table opposite the mention of that provision in column (1).

Table

Provision affected

Amendment

(1)

(2)

Sections 109 and 115

In subsection (1) of each section, substitute the following for paragraph (b):

“(b) that the claimant—

(i) has qualifying contributions in respect of at least 520 contribution weeks, or

(ii) in the case of a person who on or before 6 April 1997, is a voluntary contributor paying contributions under Chapter 4 of Part 2, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or

(iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions,

since his or her entry into insurance,”.

 

Supplementary welfare allowance — transfer of functions.

4. This Act is amended—

[2000 s31]

(a) in section 194

(i) by substituting the following for subsection (1):

“(1) Subject to the general direction and control of the Minister, the Executive shall, in respect of its functional area, be responsible for the administration of functions under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance which may be decided by a deciding officer under section 300 (2)(b),

(b) functions relating to claims for supplementary welfare allowance decided by a deciding officer under section 300 (3), and

(c) making such categories of payment as may be prescribed in the circumstances and conditions that may be prescribed.”,

(ii) by inserting the following after subsection (3):

“(4) Where any doubt or dispute arises as to whether an entitlement to supplementary welfare allowance is to be determined by an employee of the Executive or decided by a deciding officer, it shall be resolved by the Minister.”,

(b) in section 300

(i) in subsection (2)

(I) by substituting “subsections (3) and (3A)” for “subsection (3)”, and

(II) by substituting the following for paragraph (b):

“(b) Part 3 (social assistance) excluding supplementary welfare allowance other than such categories of claims as may be prescribed under subsection (3A),”,

and

(ii) by inserting the following after subsection (3):

“(3A) Regulations may provide that the categories of claims for supplementary welfare allowance to be decided by a deciding officer shall be—

(a) claims made under section 197 in any case where a person has made an application for such benefit under Part 2 or such assistance under Part 3 as may be prescribed, and entitlement to that benefit or that assistance has not yet been decided or has been decided and that decision is the subject of an appeal under section 312 , and

(b) claims under section 198 for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in such categories of cases as may be prescribed.”,

(c) in section 301

(i) by inserting the following after subsection (2):

“(2A) A deciding officer may, at any time revise a determination of an employee of the Executive including an employee of the Executive designated under section 323 , if it appears to him or her that the determination was erroneous in the light of new evidence or of new facts which have been brought to his or her notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him or her that there has been any relevant change of circumstances since the determination was given and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.”,

and

(ii) in subsection (4), by substituting “subsection (2) or (2A)” for “subsection (2)”,

and

(d) in section 335 (d), by substituting “ section 301 (2) and (2A)” for “ section 301 (2)”.