Social Welfare Consolidation Act 2005

• Permanent Page URL

Payment to persons other than claimant or beneficiary.

[1993 s207(1); 1999 s17 & Sch D]

244.—(1) Regulations may provide—

(a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his or her behalf,

(b) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary,

(c) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, farm assist, pre-retirement allowance, old age (non-contributory) pension, blind pension or disability allowance, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances but in no case shall the amount to be received and dealt with as provided for in this subparagraph exceed the total amount payable less the amount payable by virtue of section 43 (1), 66 (1), 76 (1), 112 (1), 117 (1), 122 (1), 142 (1)(b)(i), 150 (1)(a), 157 (1)(a), 211 (1)(a) or 215 (1)(a), as appropriate,

(ii) in respect of widow’s (contributory) pension or widower’s (contributory) pension so much of the pension as is payable by virtue of section 127 (1), or in respect of one-parent family payment, so much of the payment as is payable in respect of a qualified child by virtue of section 174 (1),

(iii) in respect of disablement pension, child benefit or family income supplement, so much of the pension, benefit or supplement as the Minister considers reasonable in the circumstances,

(d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in the person’s name, subject to the conditions that may be prescribed.

(2) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid to or distributed among the persons appearing in the manner provided by the regulations to be entitled to receive that sum or any part of that sum, either as being persons beneficially entitled to that sum under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of those persons excluding the others.