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GAZETTE
i SEPTEMBER 1991
admi n i s t r a t i on of t he estate. If a
health board incurred expense in
relation to t he burial of t he de-
ceased, it may obtain repayment of
such expenses f r om t he estate of
t he deceased or, indeed, f r om any
pe r s on liable t o ma i n t a in t he
deceased immed i a t e ly before his
dea th - s.216 of t he 1981 Ac t.
A number of welfare paymen ts
fall due on t he death of a person.
W i d o w s' pensions are perhaps t he
mo st obvious but in addition it may
be possible to claim a dea th grant
(ss.107-109); a su r v i vo r 's benefit,
for a w i d ower w h o is incapable of
self-support by reason of s ome
physical or men t al i n f i rmi ty and
wh o se w i f e had been in receipt of
retirement pension or c on t r i bu t o ry
old age pens i on (s.87); d e a th
benefit, if t he deceased died as a
result of an oc cupa t i onal accident
or disease (ss.49-53); and lone
p a r e n t 's a l l owa n ce w h e r e t he
su r v i v i ng spouse is t he parent of
one or more qualified children (Part
III of t he Social Welfare Ac t, 1990).
Furthermore if t he deceased had
been in receipt of any one of a
number of specified social we l f a re
p a y m e n t s a nd h ad an a d u l t
dependant, his we l f a re pa yment
con t i nues t o be paid for a period of
six weeks after this death (s.125, as
amended by s.9 of t he Social
Welfare Ac t, 1991). Finally, s.112(4)
emp owe rs t he Minister t o make
regulations providing t h at probate
or other proof of title of t he
personal representative of any
deceased person may be dispensed
w i t h in t he case of pa yment of
social we l f a re pa ymen ts and also
providing for t he manner of distri-
bu t i on of s u ch paymen t s. The
relevant regulations are t he Social
Welfare (Claims and Payments)
Regulations, 1952, in particular
art.17 thereof.
FOOTNOTES
1. The statutory provisions considered in
this note also apply to the blind pension,
which originated as a variant of the non-
contributory old age pension.
2. The statutory conditions for receipt of
the non-contributory old age pension
are that the claimant has attained 66
years of age and that he satisfies the
appropriate means test. A claimant is
disqualified if he is absent from the
State; is imprisoned for any offence; is
in receipt of a contributory old age
pension or is convicted of an offence
under s.169 (1) of the 1981 Act, in
which case he is automatically
disqualified for the six month period
following the date of conviction.
3. See s.125 of the 1981 Act, as amended
by s.9 of the Social Welfare Act, 1991.
4. See s.296 of the 1981 Act.
5. See s.172 (4), cited above.
6. The relevant regulations are the Social
Welfare (General Benefit) Regulations
1953 (S.I. No. 16 of 1953), as amended
by S.I. No. 126 of 1963.
7. By virtue of s.35 of the 1991 Act, a new
paragraph, s.300 (5) (aa) is inserted into
this sub-section which gives a deciding
officer the discretion to determine
when a revised decision shall take
effect where such decision is based on
new evidence or new facts. However
the authority to seek a repayment of
overpaid welfare is still conferred by
s.113 (2) (b) and this authority has not
been extended to take account of the
new s.300 65) (aa).
8. Unreported, High Court, 23 July, 1986.
9. For an illustration of the application of
this presumption, see
DPP. -v- Scott
Gray
[1986] I.R. 317.
10. Statute of Limitations, 1957, s.11 (1) (a).
•
C R I M I N A L L AW I N T HE 1 9 9 0 s
A E U R O P E AN P ERS P EC T I VE
T he S o c i e t y 's C r i m i nal L awy e rs C omm i t t ee is o r g a n i s i ng a
Sem i n ar on t he t h e me of C r i m i nal Law in t h e 1 9 9 0s - A
Eu r opean Perspective, in t he P r e s i den t 's Hall, Law Soc i e t y,
B l ackha ll Place on Sa t u r day, 16 th No v emb e r, 1991.
The o n e - d ay Co n f e r e n ce ( f r om 9.15 a.m. — 3 . 4 5 p.m.) w i ll
e x am i ne t he f o l l o w i ng t o p i c s: —
- T he P r oe c t i on of R i gh ts
Speake r: M i c h a el Ma n s f i e l d, Q.C.
- T he P r ac t i ce of C r i m i nal Law in a Civil Law
J u r i s d i c t i on
Speake r: A n t o i ne Com t e, A v o c at a la Cour, Paris
- C omp u t er Fraud in t he 1 9 9 0s
Speake r: E amo nn Barnes, D i r ec t or of Public
P r o s e c u t i o ns
- Re f o rm of t he Cr imi nal Law in t he 1 9 9 0s
Speake r: The Hon. Mr. J u s t i ce Ronan Keane,
President, Law Re f o rm C omm i s s i on
A l i m i t ed n umb er of p l aces are available on a f i r s t - c ome, first-
served basis to memb e rs of t he So c i e ty w h o w o u l d like t o a t t end
t h e Con f e r en c e.
If y ou w o u l d like t o a t t e n d, please w r i t e to, or phone, Ms Linda
K i r wa n, Secretary, C r i m i nal L awy e rs Comm i t t e e, at: The Law
Society, Blackhall Place, Dub l in 7, before Tuesday, 11th Oc t obe r,
1991. Tel: (01) 710711.
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