S.I. No. 13 of 2017


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Social Welfare (consolidated claims, payments and Control) (amendment) (no. 2) (nominated persons) Regulations 2017 (S.I. No. 13 of 2017)

 

EXPLANATORY NOTE

 

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 244(1)(a) of the Social Welfare Consolidation Act 2005 provides that Regulations may be made to enable a person to whom a social welfare benefit is payable to nominate another person (an agent) to collect social welfare payments on his or her behalf. In practice this covers the collection of payments from the payment service provider (An Post) in two scenarios —

 
  • The beneficiary, being indisposed and temporarily unable to attend the post office, nominates another person as their temporary agent to collect the social welfare payment on their behalf,
  • The beneficiary nominates another person, on an ongoing basis, as their permanent agent to collect the social welfare payment on their behalf.

Section 17 of the Social Welfare Act 2016 amended section 244(1)(a) of the Social Welfare Consolidation Act 2005 to provide that the nomination of agents is subject to such conditions and in such circumstances as prescribed in Regulations.

 

These Regulations replace article 201 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007. They distinguish between temporary agents and permanent agents and provide, additionally, that a temporary agent may only collect up to 5 payments in a 6 month period. The Regulations also provide that the use of an agent to collect a social welfare payment on behalf of a beneficiary is limited to certain long-term payments. The Regulations are reflective of the payment arrangements, including the nomination of agents, in place with the Department’s payment service provider.

 
Last modified:27/01/2017