Payment-related issues

This guideline applies to all payment issues for the following Offices and their related schemes:

Social Welfare Services Office, College Road, Sligo.
LoCall Number: 1890 500 000

• Blind Pension
• Deserted Wife's Benefit
• Deserted Wife's Allowance
• Occupational Injury Benefit Widow's Pension (OIBW)
• State Pension (Contributory)
• State Pension (Non-Contributory)
• One Parent Family Payment
• Guardian's Payment (Contributory)
• Guardian's Payment (Non-Contributory)
• Prisoner's Spouse's Allowance
• State Pension (transition)
• Widow(er)'s Contributory Pension
• Widow(er)'s Non-Contributory Pension
• Household Benefit Package
• Free Travel
• Supplementary Welfare Allowance
• Domiciliary Care Allowance

Social Welfare Services Office, Ballinalee Road, Longford
LoCall Number: 1890 927 770

• Bereavement Grant
• Carer's Allowance
• Carer's Benefit
• Disability Allowance
• Disablement Benefit
• Family Income Supplement
• Invalidity Pension
• Rent Allowance De-Control of Rents
• Incapacity Supplement

Social Welfare Services Office, St. Oliver Plunkett Road, Letterkenny, Co Donegal
LoCall Number: 1890 400 400

• Child Benefit

Department of Social Protection, Inner Relief Road, Ardarvan, Buncrana, Co Donegal.
LoCall Number: 1890 690 690

• Treatment Benefit Dental and Optical Benefits
• Maternity Benefit
• Adoptive Benefit
• Health and Safety Benefit

Department of Social Protection, Aras Mhic Dhiarmada, Store Street, Dublin 1.
Telephone 01-7043000 or 6797777

• Illness Benefit

Social Welfare Services Office, Shannon Lodge, Carrick-on-Shannon, Co Leitrim.
Telephone 071-9672530

• Back-to-Work Allowance

All Social Welfare Local Offices:

• Farm Assist
• Jobseekers Benefit
• Jobseekers Allowance
• One Parent Family Payment

See also separate guidelines on Back-to-Work Allowance, Part-Time Job Incentive Initiative and Continued Child Payment for details of payment issues relating to those schemes.

Legislation.

The relevant legislative provisions are contained in Part 9 of the Social Welfare Consolidation Act 2005 and Chapter 2 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 ( S.I. No. 142 of 2007) as amended.

INDEX.

◊ APPOINTMENT OF AGENTS

◊ PAYMENT METHODS
ELECTRONIC FUND TRANSFER (EFT)
PERSONALISED PAYABLE ORDERS (PPOs)
PERSONALISED PAYABLE ORDER BOOK ENCASHMENT PROCEDURES
POSTDRAFTS
ELECTRONIC INFORMATION TRANSFER (EIT)
CHEQUES
SEPARATE PAYMENTS
ARREARS PAYMENTS
CASH
CHANGE OF ADDRESS/POST OFFICE/METHOD OF PAYMENT

◊ LOST/STOLEN PAYMENTS
EFT MISPAYMENTS
LOST/STOLEN PAYABLE ORDER BOOKS/ ORDERS
LOST/STOLEN CHEQUES
LOST/STOLEN EIT SOCIAL SERVICES CARD
SUPPLEMENTARY WELFARE ALLOWANCE

◊ ABSENCES FROM STATE/HOSPITAL STAYS/IMPRISONMENT
ABSENCE FROM STATE
- Payments made outside the State
- Payment not made outside the State
- Temporary absence from the State
HOSPITAL STAYS
IMPRISONMENT

◊ PAYMENTS AFTER DEATH
UNCASHED PAYABLE ORDERS
6 WEEKS' PAYMENT

◊ MISAPPROPRIATION/OWNERSHIP OF PAYABLE ORDER BOOKS
PROPERTY OF DEPARTMENT
SALE/EXCHANGE/PAWN
PENALTY FOR OFFENCE

◊ APPENDIX 1
PAYMENT FOR SIX WEEKS AFTER DEATH ARRANGEMENTS

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PAYMENT METHODS.

Electronic Fund Transfer (EFT)

EFT is a paperless money transmission system which enables the Department to transfer payments directly into a personal account at a Bank, Building Society or Post Office. Payments can be made to persons in receipt of State Pension (Contributory) and State Pension (transition), Widow/er's Contributory Pension, Guardian's Payment (Contributory) and Invalidity Pension who are resident both inside and outside the State. All other payments are not made outside of the State, with one exception for Northern Ireland, as outlined below at Absences from the State.

EFT is also available to persons in receipt of State Pension (Non-Contributory), Disability Allowance, Long-duration Illness Benefit, Maternity Benefit, Carer's Benefit, Farm Assist and Back-to-Work Allowance - while living in the State.

Advantages of EFT

• cuts out the risk of losing or having a pension/allowance book/cheque stolen
• gives access to the account at all outlets of the chosen Bank or Building Society, or
• withdrawal of payment from An Post Pensions Savings Account at any Post Office. (This is a special type of account which is held at An Post's Head Office in Dublin).

Persons being paid by EFT receive a letter each year advising of their current rate of payment, increases, allowances etc., including Budget increases, and the dates of the lodgements for the forthcoming twelve months. Advice is also given in this letter of the various changes in a claimant's circumstances, which should be reported to the Department.

Payment Frequency inside the State.

EFT is generally paid 4-weekly in arrears. However in the case of Disability Allowance payments are made weekly in arrears. Child Benefit is paid monthly in advance. Maternity Benefit and Carer's Benefit is paid weekly in advance.

Payment Frequency Outside the State.

EFT for residents outside the State is paid every four weeks, one week in advance and three in arrears.

Note. Since the introduction of the EFT payment option in 1997/1998 for persons resident outside the State, EFT is the only payment option now available for persons qualifying for pension for the first time and residing outside the State.

Personalised Payable Orders (PPOs)

Personalised Payable Order Book is a payment option for persons in receipt of State Pension, Blind, Widow/er's and Guardian's Payments, Deserted Wife's Benefit, Pre-Retirement Allowance, Prisoner's Wife's Allowance, One-Parent Family Payment, Carer's Allowance, Disability Allowance, Invalidity Pensions, Long-Term Illness Benefit, Child Benefit and Family Income Supplement.

Personalised Payable Orders are issued by way of a book once or twice a year. This book is cashable weekly at a Post Office nominated by the person. Each payable order is valid for encashment up to three months from its due date or six months in the case of Child Benefit. The Payable order must only be signed at the Post Office of payment in the presence of the counter staff.

Payable orders which go out-of-date should be returned by the claimant to the Department along with an explanation as to why they were not cashed at the due time. The Department will then give consideration to replacing them. Where a person was unable to attend the Post Office due to illness, supporting medical evidence may be requested by the Department. Any payment to be made on out-of-date orders will be by cheque to a person's home address.

The Department will generally not honour payments (other than Child Benefit) which have not been collected within six months of the due date. The right to such payments is terminated after the six-month period. However, payments can be made on an Extra Statutory basis in the following circumstances:

1. where payment is claimed but there was a delay in the Department making the payment.
2. where the orders are presented for payment on time but the paying officer through misapprehension or through error, fails or refuses to cash the orders presented.
3. where, following official enquiry or change of circumstances the beneficiary is under the mistaken belief that the title to the allowance or benefit has ceased or that an appeal would be influenced by accepting a lower rate of allowance or benefit.
4. where orders are not cashed within the prescribed time due to the mental or other incapacity of the beneficiary or his/her agent, and
5. in any other circumstances in which the Department is satisfied that payment should be made in equity or to avoid undue hardship (provided no doubt exists as to entitlement to allowance or benefit at the material time).

Payable Order Book Encashment Procedures

The following procedures should be followed by persons when being paid by payable order book:

• When the book is received from the Department the payee should carefully read the instructions at the front and back of the book and then sign the acknowledgement that the instructions were read and understood. If there is something not understood, clarification should be sought from the Department.
• The book and payable orders should not be signed in advance of encashment date. Payable orders should only be signed in the presence of the Post Office Counter Clerk before cashing.
• The payable order book should only be collected by the payee, or an appointed agent.
• The payable order book can only be cashed at the nominated Post Office. Where the Post Office of payment is to be changed the book should be returned to the Department stating the new Post Office of payment required.
• Where a person is temporarily i.e. up to three weeks, unable to attend Post Office to receive payment e.g. due to illness, s/he may appoint another person ("Temporary Agent") to collect payment on his/her behalf by completing an authorisation on the back of the payable order - see also above re appointment of an Agent and below re absence from the State.
• Where a person is unable to attend the Post Office for payment on a more permanent basis, an application should be made to the Department to have an agent appointed.

Postdrafts

The Postdraft payment method is used primarily for the payment of Farm Assist, Jobseekers Allowance and Jobseekers Benefit recipients. Payments are made by means of Social Welfare Services (SWS) card. The SWS card is also used for identification purposes.

Where the Post Office is a non-automated office, computer-generated listings are issued to the Post Office by the Department giving details of all payments to be made from that office on the paydate in question.

Where there is a query regarding the rate of payment, this must be directed to the Department and not the Post Office.

See note on Electronic Information Transfer (EIT) for more information on Postdraft payments to One-Parent-Family Payment recipients.

Electronic Information Transfer (EIT)

This payment method gives persons (Lone Parents, One-Parent Family, Deserted Wife's Benefit, Disability Allowance recipients and the unemployed) the option of being paid weekly by means of Social Services (SWS) card at a Post Office. In the case of automated (computerised) Post Offices, payments are made by use of SWS cards. Where the Post Office is a non-automated office, payments are made by Post Draft. The SWS card is used for identification purposes at these offices.

Where a person opts for payment by EIT ( SWS card), s/he must attend the Post Office to collect the payment personally. An agent may not be appointed to collect the payment, except in exceptional circumstances such as serious illness. Supporting medical evidence would be required.

Payments by EIT are held at the Post Office for 12 days from the due date. After this time, the payments go out-of-date and are returned to the Department. Where a payment is not collected on time and has been returned to the Department, the person must explain to the Department the reasons for non-collection of payment. A replacement payment is made by cheque to the person's home address where due to illness or some other valid reason (e.g. a death in the family) s/he could not attend the Post Office. Supporting medical or other evidence would generally be requested by the Department.

An added feature of this payment method is that a person can also avail of a Household Budgeting facility. Household budgeting is a facility provided by An Post whereby persons being paid by EIT can make arrangements with An Post to pay a regular amount towards various household bills by direct deduction from their weekly payment.

Further information regarding Household Budgeting can be had from:

Household Budget- One-Parent-Family Payment,
An Post,
College House, Townsend Street,
FREEPOST
Dublin 2

FREEPHONE Customer Helpline at 1-800-707172.

Cheques

Within the State:

Payment of certain benefits, principally Illness Benefit, Maternity Benefit and Disablement Benefit, are made weekly or monthly as the case may be by means of cheques which can be cashed at Banks, other financial institutions and at retail outlets. The cheques are issued direct to the person's home address.

Outside the State.

Arrangements are in place whereby payments due to be made outside the State, are made either fortnightly (two weeks), monthly (four weeks) or quarterly (13 weeks). The payment frequencies for each scheme are outlined below. The cheque is issued to a person's home address.

Frequency of Payments for People Residing Outside the State

Scheme	2 weeks	4 weeks	13 weeks
State Pension (Contributory)	no	yes	yes
State Pension (Transition)	no	yes	yes
Widow(er)'s Contributory Pension	no	yes	yes
Guardian's Payment (Contributory)	no	yes	yes
Invalidity Pension	yes	yes	yes

Persons who live outside the State, and who already receive a cheque payment will continue to receive payment by cheque if they so wish. Alternatively, they may transfer to Electronic Fund Transfer payment at any time. However, Electronic Fund Transfer is now the only payment option available to foreign-resident people who qualify for pension for the first time.

Cheques are valid for 6 months from paydate. Where a cheque is not cashed within this period it should be returned to the Department with a note explaining why it was not cashed. Consideration will then be given to issuing a replacement cheque. Where the person was unable to cash the cheque due to serious illness (medical evidence may be requested), cheque mislaid or some other valid reason the Department will normally issue a replacement cheque.

Where a cheque has been destroyed due to an accident the Department will normally issue a replacement once it is satisfied that the original cheque has not been cashed.

Where a person is deceased but cheques remain uncashed at death, outstanding payments will be made to the person's estate - see below at Payments After Death.

JOBSEEKERS BENEFIT AND ALLOWANCE - PAYMENT METHODS

Jobseekers Benefit and Allowance are paid weekly in arrears.

The vast bulk of jobseekers payments are now computerised.

In general the current position is that the majority of payments are made by postal draft at the unemployed persons nearest post office.

In the case of persons who work on a casual basis payment is made by cheque for administrative reasons.

In cases where the claimant is signing at a Branch Office which has not yet been computerised payment is made weekly in cash at the Branch Office. If the claimant is residing more than 6 miles from the Branch Office payment is made weekly at the nearest Post Office.

Payment of jobseekers benefit is made in some cases by Electronic Fund Transfer direct to the claimants bank.

Separate Payments

A proportion of some Social Welfare payments may be made to the spouse/partner of the claimant in certain circumstances. See " Separate Payments" guideline for more details.

Arrears Payments

Where a person commences to receive payment some time after entitlement begins or the rate of payment is increased retrospectively, s/he may be entitled to arrears of payment. Payment of arrears is made either by the selected ongoing payment method or by cheque. The latter issues direct to the person's home address. An arrears payment can normally be expected within 3 weeks of the date of the decision of a Deciding Officer on entitlement. However, this time span can be longer where the amount of any other social welfare or Health Board payment has to be deducted from gross arrears due.

Cash

Cash payments to unemployed persons have now been transferred from all Social Welfare Local Offices to Post Offices. A further group of unemployed customers receives their payments in cash at Social Welfare Branch Offices but this is being phased out.

Change of address/Post Office/Method of Payment

Where a person who is being paid by payable order book changes address but does not require a change of Post Office of payment, the Department should be advised in writing of the new address. The payable order book should be retained by the person as there is no necessity to return it to the Department. The address will be updated on the Department's computer records. This will ensure that the new address is included on all subsequent payable order books issued.

Where a person being paid by payable order book changes his/her address and also wishes to change Post Office of payment, s/he should return payable order book to the Department, with the notification of change of address/Post Office. Failure to do so may result in a disruption in payment.

Change of address and/or Post Office or other financial institution of payment in all other cases should be notified to the Department at the earliest possible date.

Where a person wishes to change method of payment, s/he should check with the Department as to what other payment methods are available. Where necessary the Department will issue the relevant application form to the person, or confirm change in payment method, as requested.

LOST/STOLEN PAYMENTS

EFT Mispayments

On rare occasions, EFT payments can be returned to the Department from the customer's designated financial institution for various reasons including the following:

Account Closed

Payments cannot be lodged to an account once it has been closed. For this reason, a person who receives payment by EFT should notify the Department in advance of closing the account into which payment is made. Where such notification is not received, an interruption in payment to the customer inevitably occurs. The financial institution will return any unlodged payments to the Department and notify it at the same time that the account has been closed. The Department will then establish the correct payment details with the customer.

Deceased Persons

EFT payments will be returned to the Department by the relevant financial institution if it becomes aware that a claimant has died. In this case, the deceased person's next of kin will be contacted by the Department to establish the date of death. Arrangements can then be made to finalise any outstanding payments or repayments due. In the event that payments are lodged to the account of a person after s/he has died, they must be refunded to the Department.

Incorrect Account Number

It occasionally happens that a customer quotes an incorrect account number to the Department when s/he applies for payment by EFT. In such instances, the financial institution will be unable to credit payments to the customer's account and the Department will be notified accordingly. Where this occurs, the claimant is contacted by the Department to establish the correct account number.

If a person or his/her next of kin becomes aware that a payment has not been credited to his/her account, s/he should contact the Department immediately.

Lost/Stolen Payable Order Books/Orders

Where a person loses a payable order book or it is stolen, s/he should complete a lost/stolen book form which is available from the Department or at any Post Office. This form should be sent to the Department after it has been stamped by the Gardai and the Post Office of payment. The Department will issue a replacement book of orders to the customer as quickly as possible. The first order in this book will be payable on the paydate after the previous order was cashed.

Lost/stolen cheques

Where a person loses a cheque or it has been stolen, s/he should complete a lost cheque declaration form. This form, which is available from the Department, should be signed and stamped by the Gardai confirming that the loss has been reported. It should then be sent to the Department.

The Department may also require the person to complete a declaration to the effect that s/he did not cash the cheque. A replacement cheque will issue as soon as it is confirmed that the original cheque has not been cashed.

Where a lost/stolen cheque is cashed:

Where a cheque which has been reported lost/stolen is cashed, the Department will have to satisfy itself that the payee did not receive the benefit of that cheque before any consideration can be given to issuing a replacement cheque. This may involve a comparison of the signature on the cashed cheque with that of the payee. In addition, a Social Welfare Inspector and/or the Gardaí may be asked to investigate the matter.

Where the Department is unable to establish that the payee did not receive the benefit of the original cheque, a replacement cheque will not be issued.

Where the Department establishes that the payee did not receive the benefit of the original cheque, a replacement cheque will be issued.

Illness/Injury/Maternity/Disablement Benefit

Where a recipient reports that

1. a cheque has not been received, or
2. a cheque was received and subsequently lost, or
3. a cheque was received and subsequently stolen

a form of indemnity is issued in which the person states that the cheque was not cashed and, that if the original cheque comes into his/her possession at any stage, s/he will return it to the Department. A replacement cheque will issue as soon as it is confirmed that the original cheque has not been cashed.

Lost/Stolen EIT Social Services card.

Where a person who is being paid by EIT loses his/her Social Services Card or the card is stolen, an application for a replacement card should be immediately sent to the Department. This application must be stamped by the Gardaí confirming the the original card has been reported lost/stolen. The Department will then cancel the original card and a replacement card will be issued immediately.

Supplementary Welfare Allowance

Where a person is without payment due to loss or theft of a payable order book, payable order, cheque, SWS card etc. s/he may claim Supplementary Welfare Allowance (SWA) from a Community Welfare Officer of the relevant Health Board while awaiting a replacement payment. If SWA is claimed, any such amount will be recouped by the Department from any replacement payment due.

ABSENCE FROM STATE/HOSPITAL STAYS/IMPRISONMENT

Absence from State

Payments Made Outside the State

Certain payments are made outside the State as follows:

• Adoptive Benefit,
• Disablement Benefit
• Health and Safety Benefit
• Invalidity Pension,
• Long Term Illness Benefit,
• Maternity Benefit,
• Occupational Injury Benefit Widow's or Widower's (OIBW) Orphan's (Non-Contributory) Pension,
• State Pension (Contributory),
• Guardian's Payment (Contributory),
• State Pension (transition),
• Widow(er)'s Contributory Pension,

These payments are made either by cheque which issues direct to the person's home address or by Electronic Fund Transfer. In the latter case, the payment is lodged direct to the person's bank account.

Where a person who is being paid by PPO book intends to leave the State, s/he should return the book to the Department beforehand. To enable the person to receive payment outside the State on a long-term basis, it will be necessary to change the method of payment from PPO book to EFT.

For this reason, if moving to the UK or Channel Islands, the Department should be given details of the financial institution (i.e. name, address, sort code and account number) into which payment will be lodged in future. If moving to any other country the Department should be contacted regarding details required as they can vary from country to country.

Where payment is already made by way of Electronic Fund Transfer into an account in the State, a person leaving the country on a permanent or semi-permanent basis may continue to have payment made in this manner or opt to have payment made to a financial institution outside the country, as outlined above. S/he MUST always notify the Department of a permanent or semi-permanent absence from the State and advise of a contact address abroad.

Short absences from the State for a few weeks need not be notified to the Department for the above schemes.

Payments Not Made outside the State

The following payments are not made outside the State:

• Blind Pension **
• Carer's Allowance
• Carer's Benefit
• Deserted Wife's Benefit or Allowance
• Disability Allowance
• Family Income Supplement
• Farm Assist
• State Pension (Non-Contributory)**
• One-Parent-Family Payment
• Guardian's Payment (Non-Contributory)
• Pre-Retirement Allowance
• Prisoner's Wife's Allowance
• Rent Allowance
• Incapacity Supplement
• Jobseekers Allowance
• Jobseekers Benefit
• Widow(er)'s Non-Contributory Pension

Persons in receipt of any of these payments MUST notify the Department if leaving the State, even for a short absence. Payment may be made in certain circumstances in respect of short absences from the State - see below re temporary absences from the State.

Where payment is made by payable order book, the book MUST be returned to the Department, after the last payment has been received before the date of departure from the country. Payment will be terminated for the period of the absence from the State.

For all other payment methods the person MUST notify the Department of the proposed absence from the State. Payment will be terminated for the duration of the person's stay outside the State.

Absences from the State of persons for whom an increase in payment is being made (e.g. spouse/partner and/or child dependant/s) should also be notified to the Department. Payments would have to be reduced by the amount of such increase(s). Where a child dependant is absent from the State pursuing full-time education no reduction in payment is made - see separate guideline " Increases" re payments for Child Dependants.

When the person returns to the State s/he should notify the Department accordingly. Depending on the length of the absence, s/he may have to re-apply for whatever payment is appropriate or the original payment may be restored. In the case of payment by EIT/Postdraft the original SWS card may be used if the payment has been reinstated by the Department.

** Northern Ireland.

There is one exception to that outlined above i.e. where a person is in receipt of Old Age (Non-Contributory) Pension or Blind Pension immediately before taking up residence in Northern Ireland. In such circumstances, payment of pension may continue while resident in Northern Ireland for a period of five years or until the person receives an equivalent payment from the Northern Ireland authorities, whichever is the shorter period.

The Department should be notified of the move prior to date of departure to reside in Northern Ireland.

Temporary Absence from State

This section applies to the following payments where the recipient is aged 66 or over;

• State Pension (Non-Contributory)
• Blind Pension
• Widow/er's Non-Contributory Pension

It also applies where an increase is in payment in respect of a spouse/partner. Payments may have to be reduced where the spouse/partner is outside the State for temporary absences and repayment made subsequently as outlined below.

Where a person who is in receipt of one of the above payments returns to the State after being absent for a period of up to 13 weeks in a year, s/he may reapply for payment of pension. Where the pensioner was on holiday and/or visiting family members or receiving treatment for an illness/disability, arrears of pension may be paid to cover the period in question. However, the person must certify that;

• s/he did not claim a payment from the authorities in the other country of residence and/or
• s/he was not working while abroad and
• all the other qualifying conditions for payment, particularly those relating to the means test conditions, were satisfied during the period of absence from the State.

Where the absence abroad lasted more than 13 weeks, payment of pension would not generally be made unless the person concerned can show that the absence was unavoidably prolonged due to illness or had travelled abroad to receive medical treatment which would not be available in the State. Up to 13 weeks' payment may be made depending on the circumstances of each case. Payment will not be made for repeated absences from the State.

Temporary Absence from State. (2-3 Weeks)

This section applies to the following payments where the person is under 66 years;

• Blind Pension
• Carer's Allowance & Carer's Benefit (provided full- time care is provided for the caree, see separate guidelines on Carers Allowance & Carer's Benefit for more detail).
• Deserted Wife's Benefit or Allowance
• Disability allowance
• One-Parent-Family Payment
• Pre-Retirement Allowance
• Prisoner's Wife's Allowance
• Widow/er's (Non-Contributory) Pension

This section also applies where an increase is in payment in respect of a spouse/partner. Payments may have to be reduced where the spouse/partner is outside the State for temporary absences. However, repayment may be made subsequently as outlined below.

A person in receipt of any of these payments may receive payment where absent from the State for a maximum of 3 weeks while on holiday or attending a funeral or visiting a sick relative etc. The Department must be notified in advance of the date of departure and where appropriate the payable order book returned. Payments by SWS card or EFT will be stopped.

When the person returns to the State within the 3 week period, the Department should be notified of the return and payment will be restored and any arrears paid provided that qualifying conditions for payment were fulfilled during the period of the absence.

Where a person is absent from the State on more than one occasion during the year, payment will be reinstated from date of re-application only. In general, no arrears are paid in such circumstances.

NOTE: In the case of Disability Allowance, the allowance can continue while the person is absent from the State if s/he is pursuing further education. The Department must be notified in advance and proof of further education provided before payment is authorised.

Where a person in receipt of Back-to-Work Allowance (BTWA) becomes ill and unable to work, s/he may also be entitled to Illness Benefit (IB). If so, both BTWA and IB are payable together for 4 weeks after which BTWA is suspended until s/he resumes work.

Illness Benefit and Injury Benefit claimants who advise in advance that they are going on holidays outside the EU for up to 3 weeks may be paid benefit on return for the period on submission of medical evidence covering that period.

See separate guidelines on Jobseekers Benefit and Jobseekers Allowance for details of the circumstances in which payment may be made under those schemes while absent from the State.

Hospital Stays

Where a person is hospitalised, the Department must be notified accordingly. If the period of the stay is likely to exceed three weeks, and if a permanent agent is required, the payable order book should be returned to the Department for the appointment of an agent. (See Section on appointment of agents). In the case of EIT payments, the Department should be contacted in order that alternative payment arrangements can be made.

Generally where a hospital stay is less than 13 weeks, additional benefits (e.g. Fuel Allowance and Living Alone Increase) may continue in payment.

In the case of Free Schemes (e.g. Free Electricity Allowance, Free Telephone Rental), these allowances are normally terminated where a person is no longer residing at home. However, where the hospital stay is less than 6 months the person may re-apply for the allowances on discharge from hospital. In such cases, the decision to re-award can be backdated up to 6 months. (For more information on Free Schemes entitlements see separate guidelines).

Carer's Allowance and Carer's Benefit.

Where a person who is receiving full-time care and attention from a Carer's Allowance or Carer's Benefit recipient, is hospitalised, the Carer's Allowance or Benefit may remain in payment for a period of up to 13 weeks in anticipation of the carer resuming full-time care duties.

Imprisonment

A person is no longer entitled to payment if sentenced to a term of penal servitude, imprisonment or detention in legal custody. Similarly, where a person is getting an increase for a spouse or partner who is sentenced to a term of penal servitude, imprisonment or detention in legal custody, such increase in payment is no longer due. The Department should be notified as soon as sentencing has taken place in order that an overpayment will not arise.

Upon release, the person should make a fresh application for personal payment or for an increase in respect of spouse/partner as appropriate. This will be processed in the normal manner.

There are some exceptions to the disqualification from payment on imprisonment etc. Where a person undergoing penal servitude, imprisonment or detention in legal custody was in receipt of an increase in respect of a spouse/partner and/or an increase in respect of child dependants, such increases may continue to be made to the spouse/partner or to some other person appointed by the Department to receive the payment for the benefit of the dependants. This applies where the increases are being made as part of any of the following payments;

• Deserted Wife's Benefit
• Illness Benefit
• Invalidity Pension
• Occupational Injury Benefit Widow (OIBW)
• State Pension (Contributory)
• One-Parent-Family Payment
• State Pension (Transition)
• Widow(er)'s Contributory Pension

Where the spouse/partner is imprisoned and there are child dependants, there may be an entitlement to One-Parent-Family Payment. See separate guideline on One-Parent-Family Payments.

PAYMENTS AFTER DEATH.

If a claimant or any of his/her dependants die, the next-of-kin should notify the Department as soon as possible. This will prevent the possibility of excess payments being made.

There are two situations in which payments may be made to the next of kin after the death of a person i.e.

• where there are payable orders or other payments uncashed at date of death
  and/or
• where there is an entitlement to six weeks' payment after death (continued payment).

Uncashed payable orders at date of death.

Payment of any amount due at date of death is made as follows:

• Where a person dies leaving a will, any uncashed amounts due may be paid to or among such persons appearing to be beneficially entitled under the will of the deceased as the Department thinks proper to the exclusion of all others. In such circumstances any payment due would be paid to the Executor/Executrix of the deceased's estate.
  OR
• Where a person dies without making a will, any arrears due may be paid to whoever appears to be beneficially entitled. This generally means that the arrears are paid to whoever has discharged the funeral expenses. Proof of payment of funeral expenses would be required (e.g. a copy of the funeral bill).

6 Weeks' payment after death (continued payment)

Where a person in receipt of a payment dies, the payment may continue for a period of 6 weeks after death in certain circumstances. The same applies where a person for whom an increase in payment is being made, dies (e.g. a spouse/partner/ child).

See Appendix 1 for full details of the circumstances in which these payments are made.

MISAPPROPRIATION/OWNERSHIP OF PPO BOOKS AND DOCUMENTS

Property of Department.

Any book, card, voucher, cheque or document issued to a customer always remains the property of the Department. On demand of an officer of the Department, these items must be returned to the Department.

Sale/Exchange/Pawn.

It is an offence to buy, exchange or take into pawn any document under which a person is entitled to receive any social welfare payment e.g. a book of payable orders, cheques, card etc. Any such transfer of ownership of a document whether by sale, exchange or mortgage is null and void.

A person who has received any document as above must give the document on demand to a Social Welfare Inspector of the Department or to the owner of the document or agent of the owner.

It is an offence for a person to fail to do so.

Penalty for Offences.

Except where otherwise provided for, a person found guilty of an offence under the Social Welfare Acts is liable;

1. on summary conviction, to a fine not exceeding €1,269.74 or imprisonment for a term not exceeding 12 months or to both,
   or
2. on conviction on indictment, to a fine not exceeding €12,697.38 or imprisonment for a term not exceeding 3 years or to both.

A person who has been been convicted of an offence but who continues to contravene the provisions concerned, is guilty of an offence on every day on which s/he continues to contravene the provisions in question. S/he is liable for each such offence to a fine, on summary conviction, not exceeding €253.95 or, on conviction on indictment, not exceeding €2,539.48.

APPENDIX

PAYMENT FOR SIX WEEKS AFTER DEATH ARRANGEMENTS

Section 210 of the Social Welfare (Consolidation) Act 1993 as amended.

1. WHERE THE DECEASED PERSON WAS GETTING ANY OF THE FOLLOWING PAYMENTS, PAYMENT AFTER DEATH SHOULD BE PAID AS OUTLINED BELOW

• ILLNESS BENEFIT,
• JOBSEEKERS BENEFIT,
• OCCUPATIONAL INJURY BENEFIT,
• CARER'S BENEFIT,
• STATE PENSION (CONTRIBUTORY),
• STATE PENSION (TRANSITION),
• INVALIDITY PENSION,
• JOBSEEKERS ALLOWANCE,
• STATE PENSION (NON-CONTRIBUTORY),
• BLIND PENSION
• INCAPACITY SUPPLEMENT,
• SUPPLEMENTARY WELFARE ALLOWANCE,
• PRE-RETIREMENT ALLOWANCE,
• DISABILITY ALLOWANCE,
• FARM ASSIST,
• WIDOWS(ERS) CONTRIBUTORY PENSION,
• ONE PARENT FAMILY PAYMENT,
• DEATH BENEFIT UNDER THE INJURY BENEFIT SCHEME OR
• CARER'S ALLOWANCE.

2. Entitlement of the surviving spouse/partner of a person who was in receipt of any of the above mentioned payments

a) Entitlement of a spouse or partner in respect of whom the deceased person was getting an increase in payment.

The surviving spouse/partner is entitled to 6 weeks' payment of the deceased person's pension/benefit/allowance including an increase for the spouse/partner. The spouse (but not a partner) should apply to the Department for a widow(er)'s pension which, if awarded, would be payable from week 7.

b) Entitlement of a spouse/partner who is getting any of the payments listed at 1 above in his/her own right and the deceased spouse/partner was in receipt of any of the payments as listed at 1.

6 weeks payment of the deceased person's pension/benefit or allowance payable at the personal rate plus the survivor's own pension/benefit or allowance. From week 7 the survivor will continue to receive his/her own payment.
Alternatively, the spouse (but not a partner) may be entitled to a widow(er)'s pension at a higher rate. S/he should apply to the Department for a widow(er)'s pension.

3. WHERE A CHILD DEPENDANT INCREASE WAS BEING PAID WITH ANY OF THE PAYMENTS AS LISTED AT 1 AND THE CHILD IS NOW DECEASED.

a) The parent/guardian of the deceased child who was in receipt of the increase will continue to receive it for a period of 6 weeks following the child's death.

4. WHERE A PERSON IS IN RECEIPT OF ONE-PARENT FAMILY PAYMENT BY VIRTUE OF ONE QUALIFIED CHILD AND THAT CHILD DIES

a) Payment of the One Parent Family Payment plus the increase for the deceased child will continue for a period of 6 weeks after the date of death of the qualified child.

5. WHERE THE DECEASED PERSON WAS A QUALIFIED ADULT ON THE PENSION/BENEFIT/ALLOWANCE OF THE SURVIVING PARTY

Spouse/partner of the deceased person

a) The spouse or partner of the deceased person who was getting any one of the payments mentioned at 1 above which included an increase in payment for a spouse or partner;

The survivor will continue to receive his/her current rate of pension/benefit/allowance (including an increase in payment for a spouse/partner) for 6 weeks following the death of the spouse/partner. From week 7, the survivor will receive his/her pension, benefit or allowance at the single (personal) rate of payment.
Alternatively, the spouse (but not a partner) may be eligible for a widow(er)'s pension at a higher rate.

6. WHERE A CARER WAS GETTING A CARER'S ALLOWANCE OR CARER'S BENEFIT FOR TAKING CARE OF A PERSON/S (caree not a spouse or partner)

Payment of the Carer's Benefit or Carer's Allowance continues to be made for a period of 6 weeks after the date of death of the caree.

7. WHERE CHILD BENEFIT WAS PAYABLE IN RESPECT OF A CHILD WHO IS NOW DECEASED.

a) The entitlement of the parent/guardian to Child Benefit ceases from the end of the month in which the child dies. No after-death payment is made.

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