S.I. No. 408 of 2015


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S.I. No. 408 of 2015

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Payments to Nominated Persons) Regulations 2015

 

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)
Under the current arrangements applying to the payment of social welfare benefits, social welfare recipients can nominate another person to collect their social welfare payments on their behalf. This situation can arise, for instance, where a person who normally receives payment in cash at a post office is sick or otherwise unable to attend the post office on a particular week. In such cases,
the person who has been nominated to collect the payment must pay the full amount of the payment over to the social welfare recipient.

These Regulations extend the current payment arrangements, which are set out in Chapter 2 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), in order to allow recipients of certain social welfare benefits to nominate their employer to receive payment of that benefit on their behalf. These provisions will facilitate employees who
have occupational sick or maternity pay arrangements.

Under some occupational sick and maternity pay schemes, employees continue to receive full pay from their employer while on sick leave or maternity leave, but are obliged to remit any social welfare benefits to the employer. In such cases, the employee will be able to opt to nominate to have the social welfare benefit paid directly to the employer. However, the employee may withdraw such a nomination at any time, in which case the social welfare benefit will be paid directly to the employee.

The social welfare benefits to which these new arrangements will apply are those benefits which are normally paid to employees who are absent from work due to sickness, pregnancy or adoption, i.e.—

  • Illness Benefit,
  • Maternity Benefit,
  • Adoptive Benefit, and
  • Health and Safety Benefit.

These Regulations also make consequential amendments to social welfare payments arrangements to confirm that any social welfare benefits paid to the employer following a nomination by the employee will be a good discharge of the liabilities of the Minister and/or the Social Insurance Fund to the employee concerned.

Last modified:30/09/2015