Social Welfare Act, 1993

Social Welfare Act, 1993 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 1993 Social Welfare Act, 1993 Social Welfare Act, 1993 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 Print Full ActPriontáil an tAcht Iomlán Number 5 of 1993 SOCIAL WELFARE ACT, 1993 ARRANGEMENT OF SECTIONS

PART I

Preliminary Section

Section 1

Short title, construction and collective citation.

Section 2

Interpretation.

PART II

Increases

Section 3

Social insurance benefits (new rates).

Section 4

Social assistance payments (new rates).

Section 5

Child benefit.

Section 6

Pay-related benefit.

Section 7

Family income supplement (new weekly rates).

PART III

Amendments to Existing Schemes

Section 8

Maternity allowance.

Section 9

Invalidity pension — conditions for receipt.

Section 10

Payments after death.

Section 11

Extension of definition of adult dependant.

Section 12

Periods of interruption of employment to be taken into account in determining entitlement to benefit.

Section 13

Unemployment assistance — calculation of means.

Section 14

Unemployment assistance — disqualifications.

Section 15

Pre-retirement allowance — couples.

PART IV

Social Insurance Contributions

Section 16

Pay-related social insurance contributions (increase in earnings ceilings).

Section 17

Self-employment contributions (increase in earnings ceiling and minimum contributions).

Section 18

Exemption from payment of contributions, etc.

Section 19

Regulations for contributions.

Section 20

Old age (contributory) pension, widow's (contributory) pension — self-employment contributions.

Section 21

Exemption of recipients of pre-retirement allowance from social insurance.

PART V

Miscellaneous

Section 22

Disqualifications — fraudulent claims.

Section 23

Personal social services number.

Section 24

Amendment of Third Schedule to Principal Act (rules as to calculation of means).

Section 25

Unemployment benefit and unemployment assistance — conditions of entitlement.

Section 26

Insurable (occupational injuries) employment.

PART VI

Pre-Consolidation Amendments to Align and Consolidate Various Provisions of the Social Welfare Code

Section 27

Alignment and consolidation of provisions relating to claims and payments, powers and duties of social welfare inspectors and offences.

Section 28

Penalties under Social Welfare Acts.

Section 29

Amendment of section 296 (decisions) of Principal Act.

Section 30

Repeals consequential on section 27.

Section 31

Alignment and consolidation of provisions relating to decisions and effect of decisions, overpayments, repayments, interim payments and suspension of payment.

Section 32

Repeals consequential on section 31.

Section 33

Notification of increase in means.

Section 34

Distribution of assets.

Section 35

Duration of payment of disability benefit.

Section 36

Entry into insurance.

Section 37

Repeals — Supplementary Unemployment Fund.

Section 38

Miscellaneous amendments to Principal Act arising from consolidation of various provisions.

Section 39

Interpretation generally.

Section 40

Continuance of instruments, officers and documents.

Section 41

Commencement of Part VI.

PART VII

Amendments to Pensions Act, 1990

Section 42

Definitions.

Section 43

Offences.

Section 44

Regulations.

Section 45

Calculation of preserved benefit.

Section 46

Application.

Section 47

Repeal.

Section 48

General duties of trustees of schemes.

Section 49

Removal and appointment of trustees by High Court.

Section 50

Conflict between Part VI and schemes.

Section 51

Equality officer.

Section 52

Amendment of Third Schedule to Pensions Act.

SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D Acts Referred to Companies Acts, 1963 to 1990 Dublin Institute of Technology Act, 1992 1992, No. 15 Finance Act, 1921 1921, c. 32 Finance Act, 1958 1958, No. 25 Finance Act, 1970 1970, No. 14 Finance Act, 1972 1972, No. 19 Finance Act, 1992 1992, No. 9 Health Contributions Act, 1979 1979, No. 4 Higher Education Authority Act, 1971 1971, No. 22 Income Tax Act, 1967 1967, No. 6 Industrial Relations Act, 1990 1990, No. 19 Labour Services Act, 1987 1987, No. 15 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 National Council for Education Awards Act, 1979 1979, No. 30 Pensions Act, 1990 1990, No. 25 Probation of Offenders Act, 1907 1907, c. 17 Regional Technical Colleges Act, 1992 1992, No. 16 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Social Welfare Act, 1984 1984, No. 5 Social Welfare (Amendment) Act, 1984 1984, No. 27 Social Welfare Act, 1986 1986, No. 8 Social Welfare Act, 1987 1987, No. 2 Social Welfare (No. 2) Act, 1987 1987, No. 29 Social Welfare Act, 1988 1988, No. 7 Social Welfare Act, 1989 1989, No. 4 Social Welfare Act, 1990 1990, No. 5 Social Welfare Act, 1991 1991, No. 7 Social Welfare Act, 1992 1992, No. 5 Statutory Declarations Act, 1938 1938, No. 37 Youth Employment Agency Act, 1981 1981, No. 32 Number 5 of 1993 SOCIAL WELFARE ACT, 1993 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 TO 1992, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 , AND TO PROVIDE FOR CONNECTED MATTERS. [2nd April, 1993] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary Short title, construction and collective citation.

1.—(1) This Act may be cited as the Social Welfare Act, 1993.

Part VII

, shall be construed together as one with the Social Welfare Acts and may be cited together with those Acts.

Interpretation.

2.—(1) In this Act— “the Principal Act” means the Social Welfare (Consolidation) Act, 1981 ; “the Act of 1984” means the Social Welfare Act, 1984 ; “the Act of 1986” means the Social Welfare Act, 1986 ; “the No. 2 Act of 1987” means the Social Welfare (No. 2) Act, 1987 ; “the Act of 1988” means the Social Welfare Act, 1988 ; “the Act of 1989” means the Social Welfare Act, 1989 ; “the Act of 1990” means the Social Welfare Act, 1990 ; “the Act of 1991” means the Social Welfare Act, 1991 ; “the Act of 1992” means the Social Welfare Act, 1992 ; “the Pensions Act” means the Pensions Act, 1990 .

PART II

Increases Social insurance benefits (new rates).

3.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 3 of the Act of 1992) of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

Social assistance payments (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I and III (inserted by section 4 of the Act of 1992) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

Child benefit.

5.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part IV (inserted by section 5 of the Act of 1991) of the following Part: “PART IV Amounts of Child Benefit Amount for each of first three children Amount for each child in excess of three

(1)

Pay-related benefit.

6.—(1) Section 73 of the Principal Act is hereby amended by the substitution of “£80” for “£78” (inserted by section 9 of the Act of 1992).

Family income supplement (new weekly rates).

7.—(1) The Principal Act is hereby amended by the substitution for section 232B (inserted by section 6 of the Act of 1992) of the following section: “Entitlement to family income supplement.

232B.—Subject to this Act, an allowance (in this Part referred to as ‘family income supplement’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than— (a) in the case of a family which includes only one child, £175, or (b) in the case of a family which includes two children, £195, or (c) in the case of a family which includes three children, £215, or (d) in the case of a family which includes four children, £235, or (e) in the case of a family which includes five children, £260, or (f) in the case of a family which includes six children, £280, or (g) in the case of a family which includes seven children, £297, or (h) in the case of a family which includes eight or more children, £314.”.

PART III

Amendments to Existing Schemes Maternity allowance.

8.—(1) Section 24 (inserted by section 19 of the Act of 1992) of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection: “(1A) Regulations may provide for entitling to maternity allowance, subject to such conditions and in such circumstances as may be prescribed, such class or classes of women who would be entitled thereto but for the fact that the conditions set out in subsections (1) (b) and (1) (c) are not satisfied.”.

Invalidity pension — conditions for receipt.

9.—Section 89 (as amended by section 9 of the No. 2 Act of 1987) of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsections: “(2) In this section ‘relevant date’ means— (a) any date subsequent to the completion of one year of continuous incapacity for work, or (b) such lesser period as may be prescribed, subject to such conditions and in such circumstances as may be prescribed, where the insured person has entered into a continuous period of incapacity for work and he is subsequently proved to be permanently incapable of work. (2A) Regulations for the purposes of subsection (2) of this section shall be subject to the sanction of the Minister for Finance.”.

Payments after death.

10.—Section 125 (2) (as amended by section 9 of the Act of 1991) of the Principal Act is hereby amended by the insertion after paragraph (e) of the following paragraph: “(f) subject to paragraph (a), where a person is in receipt of a carer's allowance and the relevant pensioner in respect of whom that carer is providing full-time care and attention, dies, and the carer is the spouse of that pensioner, any benefit payable under paragraph (a) shall include an increase in respect of an adult dependant provided that the person in receipt of the carer's allowance would otherwise have qualified as an adult dependant but for the fact that he was in receipt of the said allowance.”.

Extension of definition of adult dependant.

11.—Section 2 (as amended by section 15 of the Act of 1992) of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection: “(1A) For the purposes of determining the entitlement of a person to an increase in respect of an adult dependant, references to a spouse in the definition of ‘adult dependant’ contained in subsection (1) and regulations made thereunder shall be construed as meaning each person of a married couple who are living together, or a man and woman who are not married to each other but are cohabiting as husband and wife.”.

Periods of interruption of employment to be taken into account in determining entitlement to benefit.

12.—(1) Section 22 (1) (inserted by section 55 of the Act of 1991) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph: “(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date one year immediately prior to that day, to disability benefit for 312 days,”.

Unemployment assistance — calculation of means.

13.—(1) Section 146 (1) (inserted by section 27 of the Act of 1992) of the Principal Act is hereby amended by— (a) the substitution for subparagraph (ii) of paragraph (b) of the following subparagraph: “(ii) any moneys received by way of benefit, pension, assistance, allowance or supplement under Part II, III, IV or IVA,”, (b) the insertion after subparagraph (xii) of the following subparagraph: “(xiii) such amount as may be prescribed of all moneys earned by him in respect of current personal employment under a contract of service;”, and (c) the deletion of paragraph (f).

Unemployment assistance — disqualifications.

14.—(1) The Principal Act is hereby amended by the insertion after section 140 (inserted by section 27 of the Act of 1992) of the following section: “Disqualifications.

140A.—(1) A person shall not be entitled to receive unemployment assistance while attending a course of study, other than in such circumstances and subject to such conditions and for such periods as may be prescribed.

Pre-retirement allowance — couples.

15.—(1) Section 138 (inserted by section 27 of the Act of 1992) of the Principal Act is hereby amended by the insertion after subsection (6) of the following subsection: “(7) For the purposes of this section, a reference to ‘unemployment assistance’ shall be construed as including a reference to pre-retirement allowance.”.

PART IV

Social Insurance Contributions Pay-related social insurance contributions (increase in earnings ceilings).

16.—(1) Section 10 (1) of the Principal Act is hereby amended by— (a) the substitution in paragraph (c) (inserted by section 7 of the Act of 1992) of “£21,300” for “£20,300”, and (b) the substitution in paragraph (cc) (inserted by section 7 of the Act of 1992) of “£20,000” for “£19,000”.

Self-employment contributions (increase in earnings ceiling and minimum contributions).

17.—(1) Section 17C of the Principal Act is hereby amended by— (a) the substitution in paragraphs (a), (c) and (i) (inserted by section 13 of the Act of 1991) of “£250” for “£234”, (b) the substitution in paragraph (b) (inserted by section 13 of the Act of 1991) of “£124” for “£116”, and (c) the substitution in paragraph (d) (inserted by section 8 of the Act of 1992) of “£20,000” for “£19,000”.

Exemption from payment of contributions, etc.

18.—The Principal Act is hereby amended by the insertion after section 10 (as amended by section 7 of the Act of 1992) of the following section: “10A.—An employer who, during the period commencing on the 19th day of October, 1992, and ending on the 19th day of September, 1993, employed additional employees under and by virtue of the scheme administered by the Department of Social Welfare known as the Employers' Pay-Related Social Insurance Exemption Scheme, shall not, during the period commencing on the 6th day of April, 1993, and ending on the 5th day of April, 1995, be liable to pay in respect of additional employees who constitute a net increase in the employer's workforce under the scheme above that applying on the 9th day of September, 1992, all or any of the following, namely— (a) the contribution specified in section 10 (1) (b) (ii) of this Act; (b) the health contribution payable by an employer under section 5

Regulations for contributions.

19.—Section 15 (2) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph: “(a) the assignment of any function relating to any matter referred to in that subsection to the Collector-General or to such other person engaged under contract by the Minister, with the consent of the Minister for Finance, for this purpose,”.

Old age (contributory) pension, widow's (contributory) pension — self-employment contributions.

20.—(1) The Principal Act is hereby amended by— (a) the insertion after section 79 (as amended by section 10 of the Act of 1992) of the following section: “79A.—(1) A person, having been a self-employed contributor, shall not be regarded as having satisfied the contribution conditions contained in section 79 unless all self-employment contributions payable by him in accordance with section 17C have been paid.

Exemption of recipients of pre-retirement allowance from social insurance.

21.—Part IIA (as amended by section 37 of the Act of 1990) of the First Schedule to the Principal Act is hereby amended by the substitution for paragraph 2 of the following paragraph: “2. A self-employed contributor who— (a) by virtue of the provisions of Chapter 2 of Part III is in receipt of unemployment assistance, or (b) by virtue of the provisions of Chapter 2A of Part III is in receipt of pre-retirement allowance.”.

PART V

Miscellaneous Disqualifications — fraudulent claims.

22.—(1) The Principal Act is hereby amended by the insertion after section 300B (inserted by section 31 of this Act) of the following section: “300BB.—In the case of a person whose claim for benefit, assistance or family income supplement is disallowed or reduced in accordance with section 300B (a), a deciding officer may, having regard to the circumstances of the case, disqualify that person for receiving any benefit, assistance or family income supplement, as the case may be, for a period of up to 9 weeks and the period of disqualification shall commence— (a) where any such benefit, assistance or family income supplement is so reduced, on the day on which the revised decision is given, or (b) in any other case, on the day on which that person subsequently becomes entitled to any benefit, assistance or family income supplement, as the case may be, and any such period of disqualification shall be treated as though it were a period in respect of which such benefit, assistance or family income supplement, as the case may be, was paid.”.

Personal social services number.

23.—(1) The Minister may allocate and issue a personal social services number to a person in such manner as he deems fit.

Amendment of Third Schedule to Principal Act (rules as to calculation of means).

24.—Paragraph (4) (as amended by section 56 of the Act of 1991) of Rule 1 of the Third Schedule to the Principal Act is hereby amended by the substitution for “the net cash value of any non-cash earnings derived from personal exertions and also including such other non-cash benefits and such income received by a qualified child or qualified children as may be prescribed” of “the net cash value of such non-cash benefits as may be prescribed, and such income received by a qualified child or qualified children as may be prescribed”.

Unemployment benefit and unemployment assistance — conditions of entitlement.

25.—(1) Section 29 (4) (a) (inserted by section 28 of the Act of 1989) of the Principal Act is hereby amended by the substitution for subparagraph (iii) of the following subparagraph: “(iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, physique, education, normal occupation, place of residence and family circumstances,”.

Insurable (occupational injuries) employment.

26.—(1) Section 38 (as amended by section 29 of the Act of 1988) of the Principal Act is hereby amended by the substitution for subsection (11) of the following subsection: “(11) A person who is unemployed shall, while in attendance at such course as may be prescribed and provided by such person as may be prescribed, be deemed, for the purposes of this Part, to be in insurable (occupational injuries) employment and to be employed by the person by whom the course is being provided.”.

PART VI

Pre-Consolidation Amendments to Align and Consolidate Various Provisions of the Social Welfare Code Alignment and consolidation of provisions relating to claims and payments, powers and duties of social welfare inspectors and offences.

27.—The Principal Act is hereby amended by the insertion after section 294 (as amended by section 21 of the Act of 1988) of the following Part: “PART VIIA Administration Preliminary Definitions.

294A.—In this Part— ‘benefit’ means— (a) any benefit described in section 17, (b) any assistance described in section 134 (1), (c) child benefit, (d) family income supplement.

CHAPTER 1

Claims and Payments Claims.

294B.—(1) It shall be a condition of any person's right to any benefit that he makes a claim therefor in the prescribed manner.

Payments.

294C.—(1) Regulations may provide for— (a) the time and manner of payment of benefit, (b) the information and evidence to be furnished by a claimant or beneficiary when applying for payment of benefit, and (c) in consultation with An Post, the payment of specified benefits through An Post.

Payment to persons other than claimant or beneficiary.

294D.—(1) Regulations may provide— (a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his behalf, (b) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who is under 16 years of age or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Act and for authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary, (c) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary— (i) in respect of disabililty benefit, unemployment benefit, injury benefit, old age (contributory) pension, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance, old age pension or blind pension, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of section 21 (1), 32 (1), 44 (1), 81 (1), 86 (1), 91 (1), 137 (1) (b) (i), 156B (1) (a) or 162 (1) (d), as appropriate, (ii) in respect of widow's (contributory) pension or deserted wife's benefit, so much of the pension or benefit as is payable by virtue of section 95 (1) or 103 (1), as appropriate, or in respect of lone parent's allowance, so much of the allowance as is payable in respect of a qualified child by virtue of section 198C (1), (iii) in respect of disablement pension, child benefit or family income supplement, so much of the pension, benefit or supplement as the Minister considers reasonable in the circumstances, (d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name, subject to such conditions as may be prescribed.

Statutory declarations.

294E.—Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in such form be verified by a statutory declaration and that such statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or such other person authorised by the Minister in that behalf.

Social welfare inspectors.

294F.—(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be social welfare inspectors for the purposes of such provisions of Parts II, III, IV, IVA, X and this Part as he may determine in the case of such appointments.

Employers to keep copies of statements issued under Minimum Notice and Terms of Employment Act, 1973 .

294G.—Where an employer issues to an employee a statement containing the particulars specified in section 9 of the Minimum Notice and Terms of Employment Act, 1973 , he shall retain a copy of such statement for a period of two years from the date on which that statement was issued and shall furnish such copy on demand to a social welfare inspector for inspection under section 294F.

False statements and offences, including offences relating to bodies corporate.

294H.—(1) If, for the purpose of— (a) obtaining or establishing entitlement to payment of any benefit for himself or for any other person, or (b) obtaining or establishing entitlement to payment of any benefit for himself or for any other person which is in excess of that which he was entitled to, or (c) avoiding the making by himself or any other person of any repayment under this Act, or for any other purpose connected with this Act, any person— (i) knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any material fact, or (ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, he shall be guilty of an offence.

Offences in relation to employment contributions.

294I.—(1) If an employer— (a) fails to pay at or within a prescribed time any employment contribution which he is liable under Part II to pay, (b) deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, or (c) makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under Part II to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, the employer shall be guilty of an offence.

Information to be furnished by employers.

294J.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such particulars, including particulars as to periods of employment, as are required by the Minister to enable determination or review of a claim to any benefit by or in respect of that person.

Application of Probation of Offenders Act, 1907.

294K.—Where— (a) (i) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of that contributor, or (ii) a person is charged under this Act with an offence in relation to the receipt of any benefit, and (b) the court proposes to make an order under section 1

Penalties under Social Welfare Acts.

28.—(1) The Principal Act is hereby amended by the insertion after section 294K (inserted by section 27 of this Act) of the following section: “Penalties.

294L.—(1) Except where otherwise provided for, a person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months, or both, or (b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years, or both.

Amendment of section 296 (decisions) of Principal Act.

29.—Section 296 (2) (as amended by section 17 of the Act of 1986) of the Principal Act is hereby amended by the substitution for paragraph (d) of the following paragraph: “(d) Part VIIA (administration).”.

Repeals consequential on section 27 .

30.—Each provision of the Principal Act mentioned in column (1) of Schedule C to this Act is hereby repealed to the extent specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Alignment and consolidation of provisions relating to decisions and effect of decisions, overpayments, repayments, interim payments and suspension of payment.

31.—(1) The Principal Act is hereby amended by the substitution for section 300 of the following sections: “Revised decisions.

300.—(1) A deciding officer may, at any time— (a) revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, or (b) revise any decision of an appeals officer if it appears to him that there has been any relevant change of circumstances which has come to notice since the decision was given, and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.

Revised determination of entitlement to supplementary welfare allowance.

300A.—An officer of a health board who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time, revise any determination of entitlement to such allowance if it appears to him that the determination was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which the determination was given or if it appears to him in a case where an allowance has been payable that there has been any relevant change of circumstances since the determination was given.

Effect of revised decisions and determinations.

300B.—A revised decision given by a deciding officer or an appeals officer or a revised determination of entitlement to a supplementary welfare allowance given by an officer of a health board shall take effect as follows— (a) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision or determination (as the case may be), be disallowed or reduced and the revised decision or determination is given owing to the original decision or determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision or determination took effect, but the original decision or determination may, in the discretion of the deciding officer, appeals officer or officer of the health board (as the case may be), continue to apply to any period covered by the original decision or determination to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate; (b) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision or determination, be disallowed or reduced and the revised decision or determination is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this section) which have been brought to the notice of the deciding officer, appeals officer or officer of the health board (as the case may be) since the original decision or determination was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence; (c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer, appeals officer or officer of the health board, having regard to the circumstances of the case.

Revision to include revision consisting of reversal.

300C.—A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by an officer of a health board includes a reference to a revised decision or determination which reverses the original decision or determination.

Interim payments, suspension of payment and repayment.

300D.—(1) Regulations may make provision in relation to matters arising— (a) pending the decision or determination under Part II, III, IV, IVA, VIIA or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, child benefit or family income supplement or of any question affecting any person's right to any such benefit, assistance, child benefit or family income supplement or to receipt thereof or any person's liability for contributions, or (b) out of the effect of any appeal or revision of any decision or determination under Part II, III, IV, IVA, VIIA or this Part on any such claim or question.

Repayment of benefit, assistance, etc. overpaid.

300E.—Where, in any case other than a case involving a revised decision or determination in accordance with section 300B, a person has been— (a) in receipt of any benefit, assistance, child benefit or family income supplement for any period during which that person was not entitled thereto, or (b) in receipt of such benefit, assistance, child benefit or supplement at a rate higher than that to which he was entitled, then that person and any other person to whom such benefit, assistance, child benefit or supplement was paid on behalf of such person, or the personal representative of such person, shall be liable to pay— (i) to the Social Insurance Fund, in the case of benefit, (ii) to the Minister, in the case of assistance (other than supplementary welfare allowance), child benefit or family income supplement, and (iii) to the health board, in the case of supplementary welfare allowance, on demand any sums paid to that person in respect of the said benefit, assistance, child benefit or supplement during such period or, as the case may be, a sum representing the difference between such benefit, assistance, child benefit or supplement at the rate actually paid and benefit, assistance, child benefit or supplement at the rate to which he was entitled.

Recovery of sums due by civil proceedings or by deduction from other payments.

300F.—(1) All sums due to the Social Insurance Fund, other than in accordance with section 300E, shall be recoverable as debts due to the State and, without prejudice to any other remedy (notwithstanding the assignment by any regulations under section 15 (2) to the Collector-General or any other person of any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 17F (2) to the Collector-General of any function referred to in that section in relation to self-employment contributions) may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

Repayment of amounts due to be deferred, suspended, reduced or cancelled.

300G.—(1) Notwithstanding anything to the contrary, where a person is required to repay an amount of any benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement in accordance with the provisions of this Act, an officer of the Minister authorised by him for this purpose or, in the case of supplementary welfare allowance, an officer of a health board may, in accordance with such code of practice as shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.

Effect of decisions on proceedings.

300H.—In any proceedings for an offence under this Act, or in any proceedings involving any issue related to the payment of contributions, or for the recovery of any sums due to the Minister or the Social Insurance Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the prescribed time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and— (a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and (b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.”.

Repeals consequential on section 31 .

32.—Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby repealed to the extent specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Notification of increase in means.

33.—(1) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or, if no such investigation has taken place, since the date of making the claim, the person shall, within such period as may be prescribed, give or cause to be given to the Minister notification in writing of the increase.

Distribution of assets.

34.—(1) The personal representative of a person who was at any time in receipt of assistance shall, not less than three months before commencing to distribute the assets of that person— (a) inform the Minister, by notice in writing delivered to the Minister, of his intention to distribute the assets, and provide the Minister with a schedule of the assets of the estate, and (b) if requested in writing by the Minister within three months of the furnishing of the notice and schedule of assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which may be determined to be due to the Minister or the State (as the case may be) in respect of— (i) payment of assistance to the person at a time when the person was not entitled to receive such assistance, or (ii) payment of assistance to the person of an amount in excess of the amount which the person was entitled to receive.

Duration of payment of disability benefit.

35.—(1)

Section 8

Entry into insurance.

36.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “entry into insurance” of the following definition: “‘entry into insurance’ means, subject to sections 16, 79 (11) and 93 (6) and Chapters 7 and 8 of Part II, in relation to any person, the date on which he became an insured person;”.

Repeals — Supplementary Unemployment Fund.

37.—The Principal Act is hereby amended by the repeal of— (a) the definition of “the Supplementary Unemployment Fund” contained in section 2 (1), (b) Part V (as amended by the Social Welfare (Amendment) Act, 1984 ), and (c) the Fifth Schedule.

Miscellaneous amendments to Principal Act arising from consolidation of various provisions.

38.—(1) The Principal Act is hereby amended by the substitution for “Subject to this Part,” of “Subject to this Act,” in each place where those words appear in sections 42 (1), 43 (1), 49 and 225 (1).

Interpretation generally.

39.—(1) Section 2 (1) (as amended by the Act of 1992) of the Principal Act is hereby amended by— (a) the insertion of the following definitions: “‘claimant’ means a person who has made a claim for any benefit, assistance, child benefit or family income supplement, as the case may be; ‘Member State’ means a Member State of the European Communities; ‘social welfare inspector’ means a person appointed by the Minister under section 294F to be a social welfare inspector for the purposes of Parts II, III (other than Chapter 6), IV, IVA, VIIA and X; ‘statutory declaration’ means a statutory declaration within the meaning of the Statutory Declarations Act, 1938 ;”, and (b) the substitution for the definitions of “beneficiary” and “benefit” of the following definitions: “‘beneficiary’ means a person entitled to any benefit, assistance, child benefit or family income supplement, as the case may be; ‘benefit’ means, subject to section 125 and Part VIIA, benefit under Part II;”, and (c) the deletion of the definition of “Inspector”.

Continuance of instruments, officers and documents.

40.—(1) All officers appointed under any enactment repealed by

Part VI

of this Act and holding office immediately before the commencement of

Part VI

shall continue in office as if appointed under the provisions of

Part VI

.

Commencement of

Part VI

.

41.—

Part VI

of this Act shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for the coming into operation of

Part VI

as respects different provisions of the Part and sections inserted in the Principal Act by

Part VI

and where an order under this section relates to part or parts only of that Part or those sections, the order may provide for the repeal of specified provisions of the existing Part or sections on a specified day or days.

PART VII

Amendments to Pensions Act, 1990 Definitions.

42.—Section 2 of the Pensions Act is hereby amended— (a) by the substitution for the definition of “auditor” of the following definition: “‘auditor’, in relation to a scheme, means a person appointed in pursuance of this Act to act as auditor, for the purposes of this Act, of the scheme;”, (b) by the insertion of the following definitions after the definition of “defined contribution scheme”: “‘early retirement rule’ means a provision of a scheme under which a member may retire with entitlement to an immediate benefit where either— (i) the member's right is subject to the consent of some person or the satisfaction of some condition not relating only to age or period of service in relevant employment or both, or (ii) the calculation of the member's immediate retirement benefit involves or may involve the use of an actuarial reduction factor related to his age at the date of his retirement; ‘external member’ in relation to a scheme, means any person who, having been admitted to membership under the rules of the scheme, remains entitled to any benefit under the scheme in respect of a period of service whilst employed outside the State; ‘external scheme’ means a scheme established under the law of a country other than the State;”, (c) by the insertion of the following definition after the definition of “funded scheme”: ‘“immediate retirement benefit’ means a benefit payable to a member under the rules of a scheme immediately on retirement from relevant employment but does not include a refund of the member's contributions with or without interest or a transfer of an amount of money from the scheme— (i) to another scheme, or (ii) for application under a policy or contract of insurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972 ,”, (d) by the substitution for the definition of “normal pensionable age” of the following definition: “‘normal pensionable age’ means the later of— (a) the earliest age at which a member of a scheme is entitled under the rules of the scheme (disregarding any early retirement rule) to receive an immediate retirement benefit, or (b) the age of 60 years:

Provided that if a member of a scheme is required to retire from relevant employment at an age below 60 years with entitlement under the rules of the scheme to receive an immediate retirement benefit, normal pensionable age means the age at which the member is required to retire from relevant employment;”, (e) by the insertion after subparagraph (iv) of the definition of “occupational pension scheme” of the following subparagraph: “or (v) which has been approved by the Revenue Commissioners for the purpose of one or more of the following, that is to say, section 32 of the Finance Act, 1921 , or section 34 of the Finance Act, 1958 , or sections 222 or 229 of the Income Tax Act, 1967 ,”, and (f) by the substitution for the definition of “reckonable service” of the following definition: “‘reckonable service’ means service in the relevant employment during membership of the scheme but does not include service as a member of the scheme where either— (a) the only benefit thereunder is in respect of death prior to normal pensionable age, or (b) the member has been notified in writing by the trustees that such service does not entitle him to long service benefit;”.

Offences.

43.—(1) Section 3 (1) of the Pensions Act is hereby amended by the insertion after paragraph (b) of the following paragraph: “(bb) Where a person who is required under regulations made under section 5A, to carry out any of the duties imposed upon trustees by this Act or by any regulations thereunder contravenes, in his capacity as such a person, a provision of this Act or any regulations thereunder, he shall be guilty of an offence.”.

Regulations.

44.—The Pensions Act is hereby amended by the insertion after section 5 of the following section: “5A.—Regulations may provide that the provisions of this Act and of regulations thereunder shall apply to— (a) schemes with external members, or (b) external schemes, or (c) schemes where the majority of the trustees are not resident within the State, with and subject to such modifications as may be prescribed and such regulations may require persons other than the trustees of such schemes to carry out in relation to those schemes any of the duties imposed upon trustees by this Act or by regulations thereunder.”.

Calculation of preserved benefit.

45.—Section 37 of the Pensions Act is hereby amended by the insertion after subsection (4) of the following subsection: “(4A) Regulations may specify the method of calculating preserved benefit payable under schemes where on termination of relevant employment a member has periods of reckonable service in more than one scheme relating to the same employment.”.

Application.

46.—The Pensions Act is hereby amended by the substitution for section 41 of the following section: “41.—(1) Subject to section 52, this Part shall apply to any scheme other than— (a) a defined contribution scheme, or (b) a scheme under which service in the relevant employment after the 1st day of January, 1993, does not entitle the members to long service benefit and, where any long service benefit is determined by reference to a member's earnings, such earnings in the case of all members relate to a date or a period prior to the 1st day of January, 1993.

Repeal.

47.—(1) Section 56 of the Pensions Act is hereby amended by the substitution for subsection (3) of the following subsection: “(3) For the purposes of this Act a person shall not be qualified for appointment as auditor of a scheme— (a) unless he is qualified to be appointed as an auditor of a company in accordance with the Companies Acts, 1963 to 1990, or (b) if he is a member of a class of persons standing prescribed for the time being for the purposes of this section.”.

General duties of trustees of schemes.

48.—Section 59 of the Pensions Act is hereby amended by the insertion after paragraph (d) of the following paragraph: “(e) if the scheme is wound up, to apply the resources of the scheme in discharging its liabilities without undue delay in accordance with the rules of the scheme and where applicable, with section 48.”.

Removal and appointment of trustees by High Court.

49.—Section 63 of the Pensions Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The High Court (in this Part referred to as ‘the Court’) may, on application to it by the Board by petition, make an order— (a) for the removal of a trustee of a scheme and the appointment of a new trustee, and (b) that a trustee so removed shall not act as a trustee of a scheme for such period as the Court may order.”.

Conflict between

Part VI

and schemes.

50.—The Pensions Act is hereby amended by— (a) the insertion after section 64 of the following section: “64A.—(1) The provisions of this Part and of any regulations made thereunder shall override any rule of a scheme to the extent that that rule conflicts with those provisions.

Equality officer.

51.—Section 65 of the Pensions Act is hereby amended by the insertion after the definition of “employer” of the following definition: “‘equality officer’ means an equality officer of the Labour Relations Commission appointed under section 37 of the Industrial Relations Act, 1990 ;”.

Amendment of Third Schedule to Pensions Act.

52.—(1) The Third Schedule to the Pensions Act is hereby amended by the substitution for paragraph 1 of the following paragraph: “1. The benefits for the purposes of this paragraph shall be all future benefits payable under the rules of the scheme to or in respect of a person who at the effective date of the certificate is receiving benefits or has reached normal pensionable age, excluding future increases in such benefits which are, at the effective date of the certificate, contingent upon the exercise of some person's discretion.”.

SCHEDULE A

Section 3

. “Second Schedule Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof Description of benefit Weekly rate Increase for adult dependant (where payable) Increase for each of first and second qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for prescribed relative under section 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

68.90 43.90 14.90 12.80 32.90 4.70 4.60 additional increase for an adult dependant who has attained pensionable age — 5.60 — — — — — 4. Invalidity Pension 60.80 40.10 14.90 12.80 32.90 4.70 4.60 5. Widow's (Contributory) Pension and Deserted Wife's Benefit 62.60 — 16.50 16.50 32.90 4.70 4.60 6. Orphan's (Contributory) Allowance 39.20 — — — — — —

PART II

Occupational Injuries Benefits—Gratuities and Grant £ 1. Disablement Benefit:

Maximum gratuity 5,660 2. Death Benefit: (i) Widower's gratuity 4,130 (ii) Grant in respect of funeral expenses 280

PART III

Disablement Pension Degree of disablement Weekly rate

(1)

73.00 80 ” ”

64.90 70 ” ”

56.80 60 ” ”

48.70 50 ” ”

40.50 40 ” ”

32.40 30 ” ”

24.30 20 ” ”

16.20

PART IV

Increases of Disablement Pension £ 1. Increase where the person is permanently incapable of work 55.60 2. Increase where the beneficiary requires constant attendance: (a) limit of increase except in cases of exceptionally severe disablement 32.90 (b) limit in any other case 65.80 ”.

SCHEDULE B

Section 4

. “Fourth Schedule Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof Description of assistance, pension or allowance Weekly rate or amount Increase for adult dependant (where payable) Increase for each of first and second qualified children (where payable) Increase for each qualified child in excess of two (where payable) Increase for prescribed relative under section 162(1)(a), 179(a), 195(2) or 196(2) (where payable) Increase where the person has attained pensionable age and is living alone (where payable) Increase where the person has attained the age of 80 years (where payable)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

PART III

Increase of Old Age Pension for a Spouse Means of claimant or pensioner Weekly rate of increase £ Where the weekly means of the claimant or pensioner do not exceed £6 35.50 exceed £6 but do not exceed £8 34.50 exceed £8 but do not exceed £10 33.50 exceed £10 but do not exceed £12 32.50 exceed £12 but do not exceed £14 31.50 exceed £14 but do not exceed £16 30.50 exceed £16 but do not exceed £18 29.50 exceed £18 but do not exceed £20 28.50 exceed £20 but do not exceed £22 27.50 exceed £22 but do not exceed £24 26.50 exceed £24 but do not exceed £26 25.50 exceed £26 but do not exceed £28 24.50 exceed £28 but do not exceed £30 23.50 exceed £30 but do not exceed £32 22.50 exceed £32 but do not exceed £34 21.50 exceed £34 but do not exceed £36 20.50 exceed £36 but do not exceed £38 19.50 exceed £38 but do not exceed £40 18.50 exceed £40 but do not exceed £42 17.50 exceed £42 but do not exceed £44 16.50 exceed £44 but do not exceed £46 15.50 exceed £46 but do not exceed £48 14.50 exceed £48 but do not exceed £50 13.50 exceed £50 but do not exceed £52 12.50 exceed £52 but do not exceed £54 11.50 exceed £54 but do not exceed £56 10.50 exceed £56 but do not exceed £58 9.50 exceed £58 but do not exceed £60 8.50 exceed £60 but do not exceed £62 7.50 exceed £62 Nil ”.

SCHEDULE C

Section 30

.

Provision of Principal Act Extent of Repeal

(1)

(2)

Section 112

The whole section.

Section 112A (inserted by section 3 of the No. 2 Act of 1987) The whole section.

Section 114

The whole section.

Section 114A (inserted by section 5 of the No. 2 Act of 1987) The whole section.

Section 115

The whole section.

Section 118

The whole section.

Section 128

The whole section.

Section 136 (1) (inserted by section 27 of the Act of 1992)

Paragraph (b).

Section 141 (inserted by section 27 of the Act of 1992)

The whole section.

Section 142 (inserted by section 27 of the Act of 1992)

The whole section.

Section 143 (inserted by section 27 of the Act of 1992)

The whole section.

Section 147 (inserted by section 27 of the Act of 1992)

The whole section.

Section 163 (1)

Paragraph (b).

Section 167

The whole section.

Section 169

Subsections (1), (2) and (4).

Section 170

The whole section.

Section 184

The whole section.

Section 185

The whole section.

Section 187

The whole section.

Section 188

Subsections (1), (2), (3) and (7).

Section 189

Paragraphs (a), (c), (d), (e) and (f) of subsection (1), subsection (2).

Section 190

The whole section.

Section 191

Subsections (3) to (5).

Section 226

The whole section.

Section 227

The whole section.

Section 230

Subsections (1), (2) and (3).

Section 231

The whole section.

Section 232

Paragraphs (a), (c), (e), (f), (g), (h) and (i) of subsection (1), subsection (2).

Section 319 (as amended by section 24 of the Act of 1992)

Subsection (1).

Section 19 of the Act of 1984

The whole section.

Section 19 of the Act of 1988

The whole section.

Section 22 of the Act of 1989

The whole section.

Section 31 of the Act of 1991

The whole section.

SCHEDULE D

Section 32

.

Provision of Principal Act Extent of Repeal

(1)

(2)

Section 113

The whole section.

Section 117 (inserted by section 38 of the Act of 1991)

The whole section.

Section 119

The whole section.

Section 132

Subsection (8).

Section 145 (inserted by section 27 of the Act of 1992)

The whole section.

Section 169

Subsections (3), (5), (7), (8), (9) and (10).

Section 172

Subsections (2), (3) and (4).

Section 173

The whole section.

Section 174

Subsections (1) and (2).

Section 189 (1)

Paragraph (c).

Section 192

The whole section.

Section 195 (4)

Paragraph (c).

Section 229

The whole section.

Section 232 (1)

Paragraph (d).

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