Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2013 Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 20 of 2013 SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013 CONTENTS PART 1 Preliminary and General Section 1. Short title, construction, collective citations and commencement PART 2 Amendments to Social Welfare Acts 2. Definitions 3. Amendments consequent upon dissolution of An Foras Áiseanna Saothair 4. Definition of special contributor 5. Elections under Taxes Consolidation Act 1997 relating to charging, collection and recovery of self-employment contributions 6. Contributions by certain employed contributors 7. Civil partnerships and cohabitants 8. Entitlement to partial capacity benefit 9. Retained fire fighters 10. Transition from one-parent family payment to jobseeker’s allowance in certain circumstances 11. Disqualification from receipt of benefit where identity not authenticated 12. Jobseeker’s benefit - refusal or failure to engage with activation measures 13. Jobseeker’s allowance - refusal or failure to engage with activation measures 14. Supplementary welfare allowance - refusal or failure to engage with activation measures 15. Attachment — insertion of Part 11A of Principal Act 16. Excepted employments 17. Amendment of Schedule 3 to Principal Act 18. Amendment of Schedule 5 to Principal Act 19. Miscellaneous amendments to Principal Act PART 3 Amendments to Civil Registration Act 2004 20. Functions that may be performed by Minister for Arts, Heritage and the Gaeltacht PART 4 Amendments to Pensions Act 1990 21. Definition 22. Amendment of section 2 of Principal Act 23. Amendment of section 3 of Principal Act 24. Amendment of section 3C of Principal Act 25. Amendment of section 3D of Principal Act 26. Change of name of Pensions Board and chief executive 27. Amendment of section 15 of Principal Act 28. Amendment of section 24 of Principal Act 29. Pensions Council 30. Amendment of section 50 of Principal Act 31. Direction by Board to trustees to wind up scheme 32. Application to High Court 33. Amendment of section 129 of Principal Act 34. Amendment of First Schedule to Principal Act SCHEDULE Miscellaneous Amendments to Principal Act Acts Referred to Civil Registration Act 2004 (No. 3) Civil Registration Acts 2004 to 2012 Companies Act 1963 (No. 33) Companies Acts Education Act 1998 (No. 51) Education and Training Boards Act 2013 (No. 11) Finance (Local Property Tax) Act 2012 (No. 52) Fire Services Act 1981 (No. 30) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Housing Acts 1966 to 2009 Income Tax Acts Industrial Training Act 1967 (No. 5) Interpretation Act 2005 (No. 23) Pensions Act 1990 (No. 25) Pensions Acts 1990 to 2012 Social Welfare (Miscellaneous Provisions) Act 2008 (No. 22) Social Welfare Act 2010 (No. 34) Social Welfare Act 2011 (No. 37) Social Welfare Act 2012 (No. 43) Social Welfare Acts Social Welfare and Pensions Act 2007 (No. 8) Social Welfare and Pensions Act 2009 (No. 10) Social Welfare and Pensions Act 2010 (No. 37) Social Welfare and Pensions Act 2011 (No. 9) Social Welfare and Pensions Act 2012 (No. 12) Social Welfare Consolidation Act 2005 (No. 26) Tax Acts Taxes Consolidation Act 1997 (No. 39) Number 20 of 2013 SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013 An Act to amend and extend the Social Welfare Acts, the Civil Registration Act 2004, the Pensions Act 1990 and to provide for related matters. [28th June, 2013] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, construction, collective citations and commencement 1. (1) This Act may be cited as the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013. (2) The Social Welfare Acts and Parts 1 and 2 shall be read together as one. (3) The Civil Registration Acts 2004 to 2012 and Part 3 shall be read together as one and may be cited together as the Civil Registration Acts 2004 to 2013. (4) The Pensions Acts 1990 to 2012 and Part 4 shall be read together as one and may be cited together as the Pensions Acts 1990 to 2013. (5) Sections 3 , 8 , 15 , 22 (b), 26 , 27 , 28 , 29 , and 34 shall come into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions. PART 2 Amendments to Social Welfare Acts Definitions 2. In this Part— “Act of 2010” means the Social Welfare and Pensions Act 2010 ; “Principal Act” means the Social Welfare Consolidation Act 2005 . Amendments consequent upon dissolution of An Foras Áiseanna Saothair 3. (1) Section 2 of the Principal Act is amended— (a) in subsection (1)— (i) by inserting the following definition: “ ‘approved course of training’ means a course of training provided by or on behalf of— (a) an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013 , or (b) a body established by or under an enactment that provides for the dissolution of An Foras Áiseanna Saothair and confers on that body functions that are similar to the functions that, immediately before the day on which the body stands established, were vested in An Foras Áiseanna Saothair;”, (ii) in paragraph (b) of the definition of “reckonable earnings”— (I) in subparagraph (i) by substituting “Part 44 of that Act,” for “Part 44 of that Act, and”, and (II) by substituting the following for subparagraph (ii): “(ii) payments to persons attending approved courses of training, and (iii) payments to persons attending or engaged in courses or schemes provided or approved by— (I) Teagasc, or (II) the National Tourism Development Authority,”, and (b) in subsection (2)(a)(v) by substituting “an approved course of training,” for “a non-craft full-time course approved by An Foras Áiseanna Saothair under the Industrial Training Act 1967 ,”. (2) Section 62(8)(a) of the Principal Act is amended by substituting the following for subparagraph (v): “(v) attendance at an approved course of training,”. (3) Section 141(6) of the Principal Act is amended by substituting the following for paragraph (e): “(e) attendance at an approved course of training,”. (4) Reference No. 13 of Table 2 of Schedule 3 to the Principal Act is amended by substituting “an approved course of training,” for “a course approved by An Foras Áiseanna Saothair under the Industrial Training Act 1967 ,”. Definition of special contributor 4. Section 2(1) of the Principal Act is amended in the definition of “special contributor” (inserted by section 13 of the Social Welfare Act 2011 ) by substituting the following for paragraph (b): “(b) to whom paragraph (b) of section 13(4A) applies;”. Elections under Taxes Consolidation Act 1997 relating to charging, collection and recovery of self-employment contributions 5. Section 23 of the Principal Act is amended— (a) by substituting the following for subsection (5) (amended by section 26 of the Act of 2010): “(5) (a) Subject to paragraph (b), where an election made or deemed to be made under section 1018 of the Act of 1997 has effect for the year of assessment the self-employment contributions payable by a wife shall be charged, collected and recovered as if they were the contributions of her husband. (b) The question as to the amount of the self-employment contributions payable in respect of the husband or the wife is not affected by this subsection.”, and (b) by inserting the following after subsection (5): “(5A) (a) Subject to paragraph (b), where an election made or deemed to be made under section 1031D of the Act of 1997 has effect for the year of assessment the self-employment contributions payable by the civil partner, who is not the nominated civil partner, shall be charged, collected and recovered as if they were the contributions of the nominated civil partner. (b) The question as to the amount of the self-employment contributions payable in respect of each civil partner in a civil partnership is not affected by this subsection.”. Contributions by certain employed contributors 6. (1) Section 2(1) of the Principal Act is amended— (a) in the definition of “reckonable emoluments” (amended by section 8 of the Social Welfare and Pensions Act 2012 ) by substituting “self-employed contributor or a person to whom Chapter 5B of Part 2 applies,” for “self-employed contributor,”, and (b) in the definition of “reckonable income” (amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) by substituting “a self-employed contributor, an optional contributor or, subject to Chapter 5B of Part 2, a person to whom that Chapter of that Part applies,” for “a self-employed contributor or an optional contributor,”. (2) Section 6 of the Principal Act is amended— (a) in subsection (1)— (i) in paragraph (d) by substituting “voluntary contributors,” for “voluntary contributors, and”, and (ii) by inserting the following after paragraph (d): “(da) contributions under Chapter 5A of Part 2, (db) contributions under Chapter 5B of Part 2, and”, and (b) in subsection (2) by substituting “optional contributions, voluntary contributions and contributions under Chapters 5A and 5B of Part 2” for “optional contributions and voluntary contributions”. (3) (a) Part 2 of the Principal Act is amended by inserting the following after Chapter 5A (inserted by section 14 of the Act of 2010): “CHAPTER 5B Contributions by Certain Employed Contributors Application of Chapter 5B 30E. (1) This Chapter applies to an employed contributor who, in a contribution year, receives income referred to in subsection (2) and who— (a) has attained the age of 16 years but has not attained pensionable age, and (b) is employed in any one or more of the employments specified in Article 81, 82, 83 or 84 of the Regulations of 1996. (2) The income received by an employed contributor in a contribution year to which subsection (1) refers is one or both of the following as the case may be: (a) reckonable emoluments; (b) reckonable income, where such reckonable income includes income to which— (i) Chapter 3 of Part 4, or (ii) Part 43, of the Act of 1997 applies. Contribution payable by person to whom Chapter 5B applies 30F. (1) An employed contributor to whom this Chapter applies shall, in addition to any employment contribution which that person is liable to pay under Chapter 2 of Part 2 or regulations made under that Chapter, be liable to a contribution at the rate of 4 per cent of any reckonable emoluments and reckonable income referred to in section 30E and received in a contribution year. (2) A contribution payable in accordance with this Chapter shall be disregarded in determining whether the contribution conditions for any benefit are satisfied. (3) Regulations may provide for adjustments in the calculation of amounts payable in respect of liability for contributions under this Chapter to facilitate computation and for the elimination from such contributions of amounts of not more than 5 cent and for the rounding up of amounts of more than 5 cent but less than 10 cent to 10 cent. (4) Where, for a year of assessment (within the meaning of the Tax Acts), the Revenue Commissioners and an employer enter into an agreement under a specified provision of the Act of 1997 whereby the employer will account to the Revenue Commissioners, in accordance with that provision, in respect of the income tax due on qualifying emoluments (within the meaning of that provision) and where that agreement is not null and void, then in respect of those qualifying emoluments— (a) the employer— (i) as part of that agreement and in so far as the qualifying emoluments comprise reckonable emoluments to which the agreement applies, of an employed contributor to whom this Chapter applies, shall pay a contribution at a rate of 4 per cent in respect of the aggregate of the amount of those reckonable emoluments and the amount of income tax payable under the agreement in respect of them, and (ii) notwithstanding Article 7 of the Regulations of 1996, shall not be entitled to recover from an employed contributor any part of a contribution paid in accordance with subparagraph (i), and (b) a contribution paid in accordance with paragraph (a)(i) shall be disregarded in determining whether the contribution conditions for any benefit are satisfied. (5) In subsection (4) ‘specified provision’ means such provision as may be prescribed for the purposes of that subsection. Regulations providing for collection of contributions under Chapter 5B etc. 30G. (1) For the purposes of the contribution payable in accordance with this Chapter, regulations may provide for— (a) the time and manner of payment of such contributions, (b) the collection and the recovery of and the furnishing of details in relation to such contributions, (c) the charging of interest on arrears of such contributions, (d) the waiving of interest due on arrears of such contributions, (e) the estimation of amounts due in respect of such contributions and appeals in relation to those estimates, (f) the deduction, by an employer from the reckonable emoluments of an employed contributor to whom this Chapter applies, of any contribution payable under this Chapter reasonably believed by the employer to be due by the contributor, and adjustment in any case of over-deduction, and (g) any matter ancillary or incidental to any of the matters referred to in paragraphs (a) to (f). (2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for the assignment of any function relating to a matter referred to in that subsection to the Collector-General or any other specified person. (3) The provisions of any enactment or instrument made under any enactment relating to— (a) the estimation, collection and recovery of income tax (including the provisions relating to the offset of taxes and appropriation of payments in Part 42 of the Act of 1997) or the inspection of records for those purposes, (b) appeals in relation to income tax, or (c) the publication of names of persons under section 1086 of the Act of 1997, shall apply in relation to contributions payable under this Chapter in respect of reckonable emoluments that the Collector-General is obliged to collect as if the contributions were an amount of income tax that the employer was liable to remit to the Collector-General under the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ). (4) Other than in the case of the class or classes of employed contributors to whom this Chapter applies that may be prescribed, contributions payable in accordance with this Chapter for a contribution year in respect of reckonable income shall be assessed, charged and paid in all respects as if they were an amount of income tax and they may be stated in one sum (in this subsection referred to as the ‘aggregated sum’) with the income tax contained in any computation of or assessment to income tax made by or on that employed contributor for the year of assessment (within the meaning of the Income Tax Acts) which coincides with the contribution year and for this purpose the contributions payable in accordance with this Chapter may be so stated notwithstanding that there is no amount of income tax contained in that computation or assessment and all the provisions of the Income Tax Acts, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief, apply as if the aggregated sum were a single sum of income tax. (5) (a) Subject to paragraph (b), where an election made or deemed to be made under section 1018 of the Act of 1997 has effect for the year of assessment the contributions payable under this Chapter by a wife shall be charged, collected and recovered as if they were the contributions of her husband. (b) The question as to the amount of the contributions payable under this Chapter in respect of the husband or wife is not affected by this subsection. (6) (a) Subject to paragraph (b), where an election made or deemed to be made under section 1031D of the Act of 1997 has effect for the year of assessment the contributions payable under this Chapter by the civil partner, who is not the nominated civil partner, shall be charged, collected and recovered as if they were the contributions of the nominated civil partner. (b) The question as to the amount of the contributions payable under this Chapter in respect of each civil partner in a civil partnership is not affected by this subsection. (7) In any proceedings instituted by virtue of this Act, a certificate purporting to be signed by an officer of the Revenue Commissioners or by any officer duly appointed by the Minister in that behalf which certifies that an amount in respect of contributions payable in accordance with this Chapter is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable.”. (b) Paragraph (a), in so far as it relates to liability for a contribution under section 30F(1) of the Principal Act (inserted by that paragraph), applies— (i) in respect of any reckonable emoluments received by a person to whom Chapter 5B of Part 2 (inserted by paragraph (a)) of the Principal Act applies on or after the commencement of this section, and (ii) in respect of any reckonable income received by a person to whom Chapter 5B of Part 2 (inserted by paragraph (a)) of the Principal Act applies— (I) in respect of the contribution year commencing on 1 January 2013, and (II) in respect of each subsequent contribution year. (4) Section 34 of the Principal Act is amended by substituting “optional contributions or contributions under Chapter 5A or 5B of Part 2” for “optional contributions”. (5) Section 38A(5) of the Principal Act is amended in the definition of “contributions” (amended by section 15 of the Social Welfare Act 2010 ) by inserting the following: “(f) contributions under Chapter 5A or 5B of Part 2.”. (6) Section 261 of the Principal Act is amended by substituting the following for subsection (1) (amended by section 31 of the Social Welfare and Pensions Act 2007 ): “(1) Information held by the Minister for the purposes of this Act (including the purpose of collection by the Revenue Commissioners of employment and self-employment contributions and contributions under Chapter 5A or 5B of Part 2) may be transferred by the Minister to the Revenue Commissioners, and— (a) information held by the Revenue Commissioners for the purposes of this Act or the Income Tax Acts relating to— (i) employers, (ii) reckonable earnings of employed contributors, (iii) reckonable income or reckonable emoluments of self-employed contributors, (iv) remuneration of persons to whom Chapter 5A of Part 2 applies, (v) income of persons to whom Chapter 5B of Part 2 applies, or (vi) any payments made under this Act, or (b) information contained in declarations made in accordance with Regulation 3 of the Income Tax (Relevant Contracts) Regulations 2000 ( S.I. No. 71 of 2000 ), may be transferred by the Revenue Commissioners to the Minister.”. (7) Section 300(2)(a) of the Principal Act is amended— (a) in subparagraph (xi) by substituting “self-employment,” for “self-employment, or”, and (b) by inserting the following after subparagraph (xii): “(xiii) as to whether a contribution is or was payable in accordance with Chapter 5A or 5B of Part 2, or (xiv) as to the rate of contribution which is or was payable in accordance with Chapter 5A or 5B of Part 2,”. (8) Section 341 of the Principal Act is amended by substituting the following for subsections (1) and (2): “(1) Notwithstanding the assignment by— (a) any regulations under section 17(1) to the Collector-General or any other person of any function referred to in that section in relation to employment contributions, (b) any regulations under section 23(1) to the Collector-General or any other person of any function referred to in that section in relation to self-employment contributions, or (c) any regulations under section 30G(1) to the Collector-General or any other person of any function referred to in that section in relation to contributions under Chapter 5B of Part 2, all sums due to the Social Insurance Fund, other than in accordance with section 336, shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction. (2) Notwithstanding section 272, or any provision in any other enactment specifying the period within which proceedings may be commenced to recover a debt under statute or simple contract debt, any proceedings for the recovery of any sums due to the Social Insurance Fund by way of— (a) employment contributions under section 13(1), (b) self-employment contributions under section 21(1), (c) contributions under Chapter 5A of Part 2, or (d) contributions under Chapter 5B of Part 2, may be brought and shall be maintainable at any time.”. (9) Part 3 of Schedule 1 to the Principal Act is amended by substituting the following for paragraph 5 (amended by section 26 of the Act of 2010): “5. A person who is employed in any one or more of the employments specified in Article 81, 82, 83 or 84 of the Regulations of 1996.”. Civil partnerships and cohabitants 7. (1) The Principal Act is amended by substituting the following for section 37: “Return of contributions — maintenance arrangements 37. Regulations may provide for the return of so much, if any, as may be prescribed subject to any conditions that may be prescribed, of any employment contribution, self-employment contribution, voluntary contribution, optional contribution or contribution under Chapter 5A or 5B of Part 2 paid by a contributor, in respect of any payment made by him or her under or pursuant to a maintenance arrangement— (a) within the meaning of section 1025 of the Act of 1997 relating to a marriage, where the maintenance arrangement is for the benefit of the other party to the marriage, unless section 1026 of that Act applies in respect of that payment, (b) within the meaning of section 1031J of the Act of 1997 relating to a civil partnership, where the maintenance arrangement is for the benefit of the other party to the civil partnership, unless section 1031K of that Act applies in respect of that payment, or (c) within the meaning of section 1031Q of the Act of 1997 relating to a relationship between cohabitants, where the maintenance arrangement is for the benefit of the other cohabitant to the relationship.”. (2) Section 137(1) (inserted by section 18 of the Act of 2010 and amended by section 26 of that Act) of the Principal Act is amended by substituting “spouse or civil partner” for “spouse, civil partner or cohabitant or civil partner”. (3) Section 151 of the Principal Act is amended— (a) in paragraph (c) by substituting “section 149(1)(c)(ii),” for “section 149(1)(c)(ii), and”, and (b) by inserting the following after paragraph (c): “(ca) specify the circumstances in which a person is to be regarded as a civil partner where he or she is not living with the other civil partner of the civil partnership for the purposes of section 149(1)(c)(iia), and”. Entitlement to partial capacity benefit 8. Section 46A (inserted by section 12 of the Act of 2010) of the Principal Act is amended— (a) in subsection (1)(b) by substituting “has” for “is assessed by a medical assessor as having”, (b) in subsection (2)— (i) in paragraph (a) by deleting “the assessment required under”, and (ii) in paragraph (b) by deleting “the assessment referred to in”, (c) in subsection (4) by substituting “has” for “is assessed by a medical assessor as having”, and (d) by deleting subsection (8). Retained fire fighters 9. (1) Section 2(1) of the Principal Act is amended by inserting the following definition: “ ‘retained fire fighter’ means a person commonly referred to as a retained fire fighter and employed by a fire authority, within the meaning of section 2 (1) of the Fire Services Act 1981 , on a part-time basis and on the basis of payment by the authority to him or her of a retaining fee as well as fees for performing, as required by the authority, any functions of a fire fighter;”. (2) Section 62(1) of the Principal Act is amended by substituting the following for paragraph (d): “(d) other than in the case of a person engaged in casual employment or a person employed as a retained fire fighter, he or she has sustained a substantial loss of employment in any period of 7 consecutive days.”. (3) Section 141(3A) of the Principal Act is amended by substituting the following for paragraph (c): “(c) where, in any payment week, jobseeker’s allowance is payable in respect of a week of unemployment, the weekly means of that person derived from employment (other than employment as a retained fire fighter) under a contract of service, shall be determined by reference to the number of days worked in that payment week.”. Transition from one-parent family payment to jobseeker’s allowance in certain circumstances 10. (1) Section 2 of the Principal Act is amended— (a) in subsection (1) by substituting the following for the definition of “day of unemployment”: “ ‘day of unemployment’— (a) in relation to Part 2, has the meaning given to it by section 62, (b) in relation to Chapter 2 of Part 3, other than section 148A, has the meaning given to it by section 141(4) or (7), and (c) in relation to section 148A, shall be construed in accordance with paragraph (c) of section 148A(5);”, and (b) in subsection (8) (inserted by section 4 of the Act of 2010) by substituting “141, 148A and 274A,” for “141 and 274A,”. (2) The Principal Act is amended by inserting the following after section 148: “Entitlement to jobseeker’s allowance in certain circumstances 148A.(1) This section applies to— (a) a person who— (i) in the period of 3 years immediately before making a claim for jobseeker’s allowance under this section, has been in receipt of one-parent family payment in respect of any part of that period, and (ii) during the period for which jobseeker’s allowance is being claimed under this section— (I) is not entitled to one-parent family payment, and (II) would be entitled to that payment but for the youngest child having attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1), or (b) a person who— (i) has previously been in receipt of jobseeker’s allowance under this section, and (ii) during any subsequent period for which jobseeker’s allowance is being claimed under this section— (I) is not entitled to one-parent family payment, and (II) would be entitled to that payment but for the youngest child having attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1). (2) Subject to this section, a person to whom this section applies shall be entitled to jobseeker’s allowance in respect of any week of unemployment, as construed in accordance with subsection (4)(b), where that person makes a declaration in such manner as may be prescribed that he or she— (a) is the parent, step-parent, adoptive parent or legal guardian of at least one child who has not attained the age of 14 years and who normally resides, in accordance with Article 128 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ), with that person, and (b) is not a cohabitant. (3) Without prejudice to the generality of subsection (2), for the purposes of that subsection a person may make a declaration by means of an electronic communication, in such manner as may be prescribed. (4) In the case of a person to whom this section applies, Chapter 2 of Part 3 shall be read as if— (a) sections 141(1)(b), 141(1A), 141(2)(a), 141(3), 141(3A), 141(3B), 141(4)(b), 141(4)(c), 141(8), 147(4) and 148 do not apply, (b) each period of 7 consecutive days were treated as a week of unemployment and any 2 such weeks not separated by more than 52 weeks shall be treated as one continuous period of unemployment and references in Chapter 2 of Part 3 to a week of unemployment, to being continuously unemployed or to continuous unemployment shall be read accordingly, and (c) the reference to a day or days of unemployment in sections 141(3C), 141(4), 141(7) and 143 were to any day or days in a week of unemployment as construed in accordance with paragraph (b). (5) This section shall cease to apply where the youngest child of a person to whom this section applies attains the age of 14 years.”. (3) This section comes into operation on 4 July 2013. Disqualification from receipt of benefit where identity not authenticated 11. The Principal Act is amended by inserting the following after section 247B (inserted by section 12 of the Social Welfare Act 2011 ): “Disqualification from receipt of benefit where identity not authenticated 247C.(1) The Minister may give notice to any person receiving a benefit requesting the person, at the time specified in the notice, to satisfy the Minister as to his or her identity. (2) A person shall be disqualified from receiving any benefit, including any increase in that benefit, for any week or part of a week, commencing after the time specified in the notice under subsection (1), or any time thereafter as may be determined by the Minister and notified to the person, during which that person fails to satisfy the Minister as to his or her identity. (3) A notice under subsection (1) may require the person to whom it is given to do one or more than one of the following, as the Minister considers appropriate, at the time specified in the notice, or at any time thereafter as may be determined by the Minister and notified to the person: (a) attend at an office of the Minister or such other place as the Minister may designate as appropriate; (b) provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person; (c) allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person; (d) provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person. (4) The Minister shall retain in electronic form— (a) any photograph or other record of an image of a person taken under subsection (3)(c), and (b) any signature provided under subsection (3)(d), in such manner that allows such photograph, other record or signature to be reproduced by electronic means. (5) This section shall not be construed as preventing the Minister from using a method of authentication of the identity of a person in receipt of benefit, other than a method referred to in this section, which the Minister considers appropriate to use.”. Jobseeker’s benefit — refusal or failure to engage with activation measures 12. (1) Section 62(5) of the Principal Act is amended in paragraph (a) (amended by section 5 of the Social Welfare and Pensions Act 2009 )— (a) in subparagraph (ii) by substituting “available for employment, and” for “available for employment,”, (b) in subparagraph (iii) by substituting “family circumstances,” for “family circumstances, and”, and (c) by deleting subparagraph (iv). (2) The Principal Act is amended by substituting the following sections for section 62A (inserted by section 7 of the Social Welfare Act 2010 ): “Refusal or failure to attend activation meetings relating to jobseeker’s benefit 62A. (1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s benefit requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3). (2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2). (3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person— (a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or (b) attend for or submit to an assessment of that person’s education, training or development needs. (4) Where jobseeker’s benefit is paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement. (5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s benefit for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (6), not exceed 9 weeks. (6) Nothing in this section shall prevent the provisions of subsections (1) to (5) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)— (a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and (b) that person continues, without good cause, to refuse or fail to comply with that requirement. (7) Where, on the commencement of section 12 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s benefit is being paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) for a period of not less than 21 days— (a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and (b) subsections (4) to (6) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person. Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s benefit 62B. (1) Where— (a) as a consequence of attendance for or submission to an assessment in accordance with section 62A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and (b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be, the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2). (2) Where jobseeker’s benefit is paid to a person at the weekly rate set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2) on account of a refusal or failure referred to in subsection (1)— (a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or (b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances. (3) Where a person refuses or fails, without good cause, to— (a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or (b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), that person shall be disqualified for receiving jobseeker’s benefit for any period of such refusal or failure commencing on— (i) the date specified in the notice under subsection (2)(a), or (ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks. (4) Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)— (a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or (b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, and that person continues, without good cause, to refuse or fail to— (i) comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or (ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b). Giving of notice under section 62A or 62B 62C. A notice under section 62A or 62B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.”. (3) Section 65(2) (inserted by section 7 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 62A or subsection (1) or (4) of section 62B” for “section 62A”. (4) Section 65A(2) (inserted by section 7 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 62A or subsection (1) or (4) of section 62B” for “section 62A”. (5) Section 68 (amended by section 7 of the Social Welfare Act 2010 ) of the Principal Act is amended— (a) in subsection (6) by inserting the following paragraph after paragraph (a): “(b) has refused an offer of suitable employment,”, and (b) by deleting subsection (6A). Jobseeker’s allowance — refusal or failure to engage with activation measures 13. (1) Section 141(4) (amended by section 6 of the Social Welfare and Pensions Act 2009 ) of the Principal Act is amended— (a) by substituting the following for paragraph (b): “(b) is, or by reason of the person’s participation in an activity prescribed for the purposes of this subsection and subject to any conditions that may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and”, (b) in paragraph (c) by substituting “family circumstances.” for “family circumstances, and”, and (c) by deleting paragraph (d). (2) The Principal Act is amended by substituting the following sections for section 141A (inserted by section 8 of the Social Welfare Act 2010 ): “Refusal or failure to attend activation meetings relating to jobseeker’s allowance 141A.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3). (2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A). (3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person— (a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or (b) attend for or submit to an assessment of that person’s education, training or development needs. (4) Where jobseeker’s allowance is paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement. (5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person shall be disqualified for receiving jobseeker’s allowance for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (6), not exceed 9 weeks. (6) Nothing in this section shall prevent the provisions of subsections (1) to (5) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)— (a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and (b) that person continues, without good cause, to refuse or fail to comply with that requirement. (7) Where, on the commencement of section 13 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, jobseeker’s allowance is being paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) for a period of not less than 21 days— (a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and (b) subsections (4) to (6) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a) of this subsection, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person. Refusal or failure to participate in prescribed schemes, programmes or courses relating to jobseeker’s allowance 141B.(1) Where— (a) as a consequence of attendance for or submission to an assessment in accordance with section 141A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and (b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be, the weekly rate of jobseeker’s allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A). (2) Where jobseeker’s allowance is paid to a person at the weekly rate set out in section 142(1A), 142A(1A) or, as the case may be, section 142B(1A) on account of a refusal or failure referred to in subsection (1)— (a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or (b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances. (3) Where a person refuses or fails, without good cause, to— (a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or (b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), that person shall be disqualified for receiving jobseeker’s allowance for any period of such refusal or failure commencing on— (i) the date specified in the notice under subsection (2)(a), or (ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, but such period of disqualification shall, subject to subsection (4), not exceed 9 weeks. (4) Nothing in this section shall prevent the provisions of subsections (1) to (3) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)— (a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (2)(a), or (b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b), as the case may be, and that person continues, without good cause, to refuse or fail to— (i) comply with the requirement specified in the notice under paragraph (a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, or (ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b). Giving of notice under section 141A or 141B 141C. A notice under section 141A or 141B shall be given in writing and may be given in such other form as may be considered appropriate, including electronic form.”. (3) Section 142(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”. (4) Section 142A(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”. (5) Section 142B(1A) (inserted by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended by substituting “subsection (2) or (6) of section 141A or subsection (1) or (4) of section 141B” for “section 141A”. (6) Section 147 (amended by section 8 of the Social Welfare Act 2010 ) of the Principal Act is amended— (a) in subsection (4) by inserting the following paragraph after paragraph (a): “(b) has refused an offer of suitable employment,”, and (b) by deleting subsection (4A). Supplementary welfare allowance — refusal or failure to engage with activation measures 14. (1) The Principal Act is amended by substituting the following sections for section 195A (inserted by section 9 of the Social Welfare Act 2010 ): “Refusal or failure to attend activation meetings relating to supplementary welfare allowance 195A.(1) Notice may be given by or on behalf of the Minister to any person receiving supplementary welfare allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3). (2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197. (3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person— (a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or (b) attend for or submit to an assessment of that person’s education, training or development needs. (4) Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement. (5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person may, subject to subsection (6), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (7), not exceed 9 weeks. (6) Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (5) applies includes an increase in respect of— (a) a qualified adult in accordance with section 197(1)(a), or (b) a qualified child in accordance with section 197(1)(b), the disqualification provided for in subsection (5) shall not apply in respect of the receipt of such increase of supplementary welfare allowance. (7) Nothing in this section shall prevent the provisions of subsections (1) to (6) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)— (a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and (b) that person continues, without good cause, to refuse or fail to comply with that requirement. (8) Where, on the commencement of section 14 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, supplementary welfare allowance is being paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 for a period of not less than 21 days— (a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and (b) subsections (4) to (7) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person. Refusal or failure to participate in prescribed schemes, programmes or courses relating to supplementary welfare allowance 195B.(1) Where— (a) as a consequence of attendance for or submission to an assessment in accordance with section 195A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and (b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be, the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197. (2) Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197 on account of a refusal or failure referred to in subsection (1)— (a) notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to attend for or submit to an assessment of that person’s education, training or development needs, or (b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in— (i) any scheme or programme of employment or work experience, or (ii) a course of education, training or development, which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances. (3) Where a person refuses or fails, without good cause, to— (a) comply with the requirement specified in the notice under subsection (2)(a) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the pe …