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3 1999

SOCIAL WELFARE ACT, 1999

PART VI

Miscellaneous Provisions

Inspection of premises by social welfare inspectors.

26. —(1) Section 212 of the Principal Act is hereby amended by—

(a) the substitution for subsection (3) of the following subsection:

“(3) A social welfare inspector shall, for the purposes of this Act, have power to do all or any of the following—

(a) to enter, without prior notification, at all reasonable times, any premises or place liable to inspection under this section,

(b) in such premises or place—

(i) to make such examination or enquiry,

(ii) to inspect and take copies of or extracts from any records (including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form), found there, and

(iii) to remove and retain such records for such period as may be reasonable for further examination,

as may be necessary to ascertain whether the provisions of this Act are being complied with,

(c) to secure for later inspection any such records,

(d) to examine, either alone or in the presence of any other person, as he or she thinks fit in relation to any matters on which he or she may reasonably require information for the purposes of this Act, every person whom he or she finds in any such premises or place, or whom he or she has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he or she is so examined, and

(e) for the purposes of answering or clarifying any questions that the social welfare inspector may have consequent on the inspection of the premises or place, to summon the occupier of the premises or place, any person who is or has been employing persons there or such person as may be designated by the occupier or employer as competent to answer or clarify any such questions, to attend at such premises or place (or at an office of the Minister), at any reasonable time specified, by notice in writing given to him or her at the premises or place or sent there to him or her by registered post.”,

(b) the substitution in subsection (6)(b) for “document” of “record”, and

(c) the insertion after subsection (14) of the following subsections:

“(15) A social welfare inspector may, where he or she considers it necessary, be accompanied by a member of the Garda Síochána when performing any power conferred on a social welfare inspector under this section.

(16) A social welfare inspector may, for the purposes of ensuring compliance with this Act if accompanied by a member of the Garda Síochána in uniform—

(a) stop any vehicle which he or she reasonably suspects is used in the course of employment or self-employment, and

(b) on production of his or her certificate of appointment, if so requested, question and make enquiries of any person in the vehicle or require such person to furnish him or her with any record relating to his or her employment or self-employment which the person has possession of in the vehicle, and examine it.”.

(2) Section 2(1) of the Principal Act is hereby amended by the insertion after the definition of “qualifying contribution” of the following definition:

“‘record’ means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;”.

Public service data — use of personal public service number.

27. —Section 223 (1) (inserted by section 14 of the Act of 1998) of the Principal Act is hereby amended by—

(a) the deletion in paragraph (i) of “or”, and

(b) the substitution for paragraph (j) in the definition of “specified body” of the following paragraphs:

“(j) the General Medical Services Payments Board,

(k) the following Voluntary Hospitals:

(i) The Adelaide and Meath Hospital, Dublin incorporating the National Children's Hospital,

(ii) Beaumont Hospital, Dublin,

(iii) Mater Misericordiae Hospital, Dublin,

(iv) St. James's Hospital,

(v) St. Michael's Hospital, Dun Laoghaire,

(vi) St. Vincent's Hospital, Elm Park, Dublin,

(vii) Coombe Women's Hospital, Dublin,

(viii) Rotunda Hospital, Dublin,

(ix) National Maternity Hospital, Dublin,

(x) Our Lady's Hospital for Sick Children, Crumlin, Dublin,

(xi) The Children's Hospital, Temple Street, Dublin,

(xii) Hume Street Hospital, Dublin,

(xiii) St. Luke's and St. Anne's Hospital, Dublin,

(xiv) Royal Victoria Eye and Ear Hospital, Dublin,

(xv) Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin,

(xvi) Cappagh Orthopaedic Hospital, Dublin,

(xvii) St. Mary's Hospital and Residential School, Baldoyle, Dublin,

(xviii) National Rehabilitation Hospital, Dun Laoghaire,

(xix) St. John's Hospital, Limerick,

(xx) Mercy Hospital, Cork,

(xxi) South Infirmary/Victoria Hospital, Cork,

(xxii) Portiuncula Hospital, Ballinasloe, Co. Galway,

(xxiii) Our Lady's Hospice,

(xxiv) The Royal Hospital, Donnybrook,

(xxv) Leopardstown Park Hospital,

(xxvi) St. Vincent's Hospital, Fairview,

(xxvii) Dublin Dental Hospital,

(xxviii) University Dental School and Hospital, Cork, or

(l) such other persons as may be prescribed;”.

Prosecution of offences.

28. —(1) Section 224 of the Principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

“(1) A prosecution for a summary offence may be brought at the suit of—

(a) the Minister,

(b) a health board in any case arising out of the exercise of its functions under this Act, where the offence has occurred within its functional area, or

(c) the Collector-General in any case arising out of the exercise of his or her functions under this Act.

(2) An officer of the Minister shall not institute any summary proceedings for an offence under this Act at the suit of the Minister unless he or she is authorised in that behalf by special or general directions of the Minister or the Minister has consented to the initiation of such proceedings.”

(2) The Principal Act is hereby amended by the insertion after section 224 of the following section:

“Civil proceedings under Act may be brought by or against Criminal Assets Bureau.

224A. Any proceedings, other than for the prosecution of an offence, arising out of the exercise by an officer of the Minister who is a bureau officer, of his or her powers or duties under this Act may be brought by or against the Criminal Assets Bureau.”.

Appeals to the Circuit Court.

29. —(1) The Principal Act is hereby amended by the insertion in section 253A (inserted by section 34 of the Act of 1997) after “directing him or her to submit the appeal” of “not later than 21 days from receipt of the direction”.

(2) This section shall come into operation on such day as the Minister may appoint by order.

Supplementary welfare allowance —transfer of functions.

30. —(1) The Principal Act is hereby amended by—

(a) the substitution in section 247 (2) for “This section” of “Subject to subsection (2A), this section”,

(b) the insertion in section 247 after subsection (2) of the following subsection:

“(2A) In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 11 of Part III.”,

(c) the insertion in section 248 after subsection (1) of the following subsection:

“(1A) A deciding officer who is a bureau officer may at any time make a decision revising a determination of an officer of a health board, including an officer of a health board designated under section 267(1), to entitlement to supplementary welfare allowance if it appears to the deciding officer that the determination ought to be revised having regard to the facts as they are established to the satisfaction of the deciding officer and the application of this Act to those facts 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.”,

(d) the insertion in section 248 after subsection (2) of the following subsection:

“(2A) Subsection (1A) shall not apply to a determination relating to a matter which is on appeal under section 257A or 267(1), as the case may require, unless the revised decision would be in favour of the claimant.”,

and

(e) the substitution for section 175(1) (inserted by section 36 of the Act of 1996) of the following section:

“175.—(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of functions performable under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance decided by a deciding officer, and

(b) making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed.”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule F to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(3) This section shall come into operation on such day as the Minister may appoint by order.

One-parent family payment— disregard of earnings.

31. —The Principal Act is hereby amended by:

(a) the substitution for section 158(3) (as substituted by section 17 of the Act of 1996) of the following subsection:

“(3) Subject to this Act, a one-parent family payment shall not be payable to a qualified parent whose gross weekly earnings (including wages and profit from any form of self-employment) exceed £230.76.”,

(b) the substitution of paragraph (j) of Rule 1(4) of Part II of the Third Schedule (as inserted by section 26(1)(c) of the Act of 1997) for the following paragraph:

“(j) in the case of a qualified parent, within the meaning of section 157, subject to paragraph (7) any moneys received by way of earnings (including wages and profit from any form of self-employment),”,

and

(c) the insertion after Rule 1(6) of Part II of the Third Schedule of the following paragraph:

“(7) (a) in the case of a qualified parent, within the meaning of section 157, who has earnings (including wages and profit from any form of self-employment), the gross weekly earnings, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of that parent from earnings for the purposes of Chapter 9 of Part III.

(b) in calculating the gross weekly earnings of a qualified parent for the purposes of subparagraph (a), an amount of £115.38 together with half the gross weekly earnings in excess of that amount shall be disregarded.”.

Limitation of payments to a couple.

32. —(1) The Principal Act is hereby amended by—

(a) the substitution in section 122 for subsection (1) of the following subsection:

“(1) In the case of a couple, where each of the couple is entitled to unemployment assistance or pre-retirement allowance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance or pre-retirement allowance, as the case may be, (including any increases thereof, where appropriate) and each of them shall be entitled to be paid one-half of the amount (including any increases thereof, where appropriate) which would be payable to him or her if only one of them were in receipt of unemployment assistance or pre-retirement allowance as the case may be.”,

(b) the substitution in section 122 for subsection (4) of the following subsection:

“(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance, (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of unemployment assistance (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.”,

and

(c) the substitution for section 191E (as amended by section 22 of the Act of 1997), of the following section:

“191E.—(1) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension or retirement pension and the other is entitled to disability allowance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such disability allowance (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension (including any increases thereof, where appropriate), as the case may be, or the total amount of disability allowance (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or disability allowance, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of disability allowance payable to the spouse who is entitled to such disability allowance shall be reduced by the amount of the excess.

(2) Where one of a couple is entitled to unemployment assistance or pre-retirement allowance and the other is entitled to disability allowance, the total amount payable to them pursuant to this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance, pre-retirement allowance or disability allowance, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

(3) In this section—

‘couple’ means 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;

‘spouse’ means each person of a couple in relation to the other.”.

(2) This section shall apply in respect of a claim for assistance or allowance made on or after the coming into operation of this section.