The Gazette 1987

GAZETTE

JULY/AUGUST

1987

ERRATUM Administration of Estates: The Liabilities of Personal Representatives under the Social Welfare Code. Published in May '87 Gazette, page 129, column 3. The passage appearing in italics hereunder, was inadvertently omit- ted from the text. The significant point to note here is that the revised decision reduc- ing or disallowing a social welfare entitlement will only have retro- spective effect where the original decision resulted from a fraudulent misrepresentation on the part of the claimant. In The State (Hoolahan) -v- Minister for Social Welfare 5 , Barron J. held that before s.300(5)(a) could be invoked, the claimant must be given an opportunity to present his side of the case in relation to the allegation of fraud. By contrast, the obligation to repay overpaid old age pension under s. 169(3) is absolute in its terms and does not depend on the establishment of fraud.

THE SOL I C I TORS' B ENE VO L ENT A S S O C I A T I ON

In Brief V J Society of Young Solicitors — Au t umn Seminar The S.Y.S. is holding its Autumn Seminar in the Downhill Hotel, Ballina, County Mayo, on Friday, 9th October, 1987, to Sunday, 11th October, 1987. The S.Y.S. are very fortunate in having a most prestigious list of Speakers for the weekend and, indeed, all the Speakers are leading authorities on their subjects. Solicitors will have the oppor- tunity of hearing and speaking to Professor J. C. W. Wylie, author of several books, including the auth- oritative books on Irish Land Law and Conveyancing. The second speaker is Dr. John M. Kelly, a former At t o r ney General and Government Minister, presently a T.D., and who is well qualified to speak on the Irish Constitution from both practical and academic points of view. Mr. Eamonn E. Mongey is the third speaker, on Probate matters, and is acknow- ledged as a leading authority in the area. Mr. Mongey is now the Supreme Court Registrar. The presence of these three excellent speakers will be of tremendous assistance to all prac- titioners and the Society of Young Solicitors are honoured and delighted to have people of such expertise. Of course, the Autumn weekend will include the usual fun and games which has always made the S.Y.S. weekend so popular, culminating with the Banquet on the Saturday night. Paul Romeril Consulting Litigation Engineer has moved to: 19 Upper Pembroke Street, (off Fitzwilliam Square) Dublin 2. Our temporary telephone number is ( 0 1 ) 7 6 1 1 96

A CASE IN NEED

Mrs. "X"

is in her late 40's, she is the

widow of a Solicitor, has five children 21. Her only income is a widow's

under

pension

and family allowance.

She has to provide

for her family and maintain

a home.

She

faces this enormous alone. Who can she turn to for help? — The Solicitors' Benevolent Fund. responsibility

The Solicitors Benevolent Association assists such cases - and many others where the age of dependants of members of the profession ranges from "under 10" to "over eighty". The Committee of the Association meets monthly and its work covers the entire country, north and south. The Committee funds come from annual subscriptions from members of the Law Society of Northern Ireland and The Incorpor- ated Law Society of Ireland, together with additional subscriptions received from Bar Associations, and individual Solicitors or firms of Solicitors. In recent years the calls on the Association's resources have become more numerous and this year the Committee faces a relatively large deficit. It urgently needs extra funds. Subscriptions can be sent to the Secretary, Ms Clare Leonard, The Solicitors Benevolent Association, 40 Lr. Fitzwilliam Square, Dublin 2, or c/o The Law Society, Blackhall Place, Dublin 7.

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