The Gazette 1991

GAZETTE

i SEPTEMBER 1991

3. See s.125 of the 1981 Act, as amended by s.9 of the Social Welfare Act, 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.

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). •

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

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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