Dáil Éireann Debate, Wednesday - 13 July 2022
331. Deputy Gino Kenny asked the Minister for Social Protection the way in which the signature of a person can be provided in order to avail of social welfare supports in cases in which the person is unconscious and critically ill in hospital; the contingencies that are in place in these instances; and if she will make a statement on the matter. [38177/22]
View answerIn the sad circumstances outlined in the question, legislative provision has been made for this scenario. Social welfare supports can be availed of by the appointment of an agent on behalf of the person.
Section 244(1)(b) of Social Welfare Consolidation Act 2005 provides for the appointment of a nominated Agent, subject to medical certification of the payment recipient as being so incapacitated as to be unable to manage their financial affairs.
This Agent can represent the person, as necessary, in all social welfare matters and, subject to certain conditions, can receive and deal with any sums payable to the person.
Article 202(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007) stipulates the circumstances in which a person may be ‘unable to manage their financial affairs’, including their inability to understand possible entitlement to social welfare schemes at all, their inability to complete a claim form, deal with correspondence, handle their own claim enquiries or collect weekly scheme payments.
