Social Welfare and Pensions Act 2011

10.

Supplementary welfare allowance — amendments.

10.— (1) The Principal Act is amended by substituting the following section for section 206:

“Arrangements for burials.

206.— (1) A designated person may make arrangements for and provide assistance towards the burial of a person, where that person has—

(a) died in the State and suitable arrangements have not otherwise been made for the burial of that person, or

(b) (i) drowned and whose body has been cast ashore, or

(ii) otherwise perished and been found dead,

in the State and whose body has not been claimed for burial.

(2) A designated person may, in any case in which he or she considers it appropriate, bring into and make arrangements for the burial in the State of the body of a person eligible for supplementary welfare allowance who has died outside the State.

(3) A designated person may defray all expenses necessarily incurred in the burial of the body of a deceased person under this section.

(4) A designated person may seek repayment of expenses incurred under this section in the burial of the body of a deceased person—

(a) from the estate of the deceased person, or

(b) from any person who was liable to maintain the deceased person immediately before his or her death.”.

(2) Section 244A(1) (inserted by section 12 ) of the Principal Act is amended in paragraph (a) by substituting “a designated person” for “the Executive”.

(3) The Principal Act is amended by substituting the following section for section 342 (inserted by section 17 ):

“Repayment of amounts due to be deferred, suspended, reduced or cancelled.

342.— Notwithstanding anything to the contrary and subject to section 342A, where a person is required to repay an amount of any—

(a) benefit described in section 39(1),

(b) assistance described in section 139(1),

(c) child benefit,

(d) respite care grant,

(e) family income supplement,

(f) continued payment for qualified children, or

(g) payment pursuant to section 239,

in accordance with this Act, an officer of the Minister authorised by him or her for this purpose may, subject to the conditions and in the circumstances that shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.”.

(4) Section 11(1) of the Social Welfare and Pensions Act 2010, insofar as it relates to the amendment of section 241(1A) of the Principal Act specified at reference 9 of Schedule 2 to the Social Welfare and Pensions Act 2010, is repealed.

(5) Sections 11(2)(c) and 11(3) of the Social Welfare and Pensions Act 2010, insofar as they relate to the amendment of section 300(2)(b) of the Principal Act, are repealed.

(6) Section 18(2) of the Social Welfare and Pensions Act 2008, insofar as it relates to the amendment of section 342 of the Principal Act specified in column (2) of Schedule 1 to the Social Welfare and Pensions Act 2008 opposite the mention of section 342 in column (1) of that Schedule, is repealed.

(7) Section 359 of the Principal Act is repealed.

Annotations:

Modifications (not altering text):

C1

Family income supplement construed (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(2), commenced as per subs. (3).

Renaming of family income supplement

8. ...

(2) Any reference in any Act, or in any instrument made under any Act, passed or made before the commencement of this section to “family income supplement” shall be construed as a reference to “working family payment”.

(3) This section comes into operation on 1 January 2018.

C2

Respite care grant construed (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 5(2), commenced as per subs. (3).

Renaming of respite care grant

5. ...

(2) Every reference in any Act, or in any instrument made under any Act, passed or made before the commencement of this section, to respite care grant shall be construed as a reference to carer’s support grant.

(3) This section comes into operation on 1 January 2016.