S.I. No. 278/1984 -- Social Welfare (Family Income Supplement) Regulations, 1984.
1984
278
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S.I. No. 278/1984:
SOCIAL WELFARE (FAMILY INCOME SUPPLEMENT) REGULATIONS, 1984.
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SOCIAL WELFARE (FAMILY INCOME SUPPLEMENT) REGULATIONS, 1984.
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The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 and 115 of the Social Welfare (Consolidation) Act, 1981 , (No. 1 of 1981) and sections 232D and 232F of that Act (as inserted by the Social Welfare Act, 1984 (No. 5 of 1984)), and in consultation with An Post hereby makes the following Regulations:--
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PART I GENERAL
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1. These Regulations may be cited as the Social Welfare (Family Income Supplement) Regulations, 1984.
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2. In these Regulations--
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"the Act" means the Social Welfare (Consolidation) Act, 1981 ;
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"the Minister" means the Minister for Social Welfare;
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"supplement" means a family income supplement under section 232B of the Act (as inserted by section 13 of the Social Welfare Act, 1984 );
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"beneficiary" means a person entitled to a supplement;
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"claimant" means a person who has made a claim for a supplement;
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"earnings from employment" means emoluments other than non-pecuniary emoluments, to which Chapter IV of Part V of the Income Tax Act, 1967 (No. 6 of 1967) applies.
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3. (1) Subject to article 5, weekly family income within the meaning of section 232A of the Act shall be calculated or estimated--
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( a ) subject to sub-article (2), insofar as it comprises earnings from employment as an employee, by reference to the weekly average of the gross amount of such earnings received in the period of two months immediately prior to the date on which the claim for supplement has been made where such earnings are received at monthly intervals, or in the period of six weeks immediately prior to such date where such earnings are received at weekly or fortnightly intervals,
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( b ) insofar as it comprises income from any form of self-employment, by reference to the weekly amount of such income calculated or estimated by dividing the income in the period of twelve months preceding the date of claim by fifty-two,
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( c ) insofar as it consists of income from any other source, by reference to the normal weekly amount of such income.
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(2) Where in any case a deciding officer or appeals officer considers that the periods mentioned in sub-article (1) would not be appropriate to determine the amount of weekly family income, he may, for the purposes of this article have regard to such other period or periods which appear to him to be appropriate for that purpose.
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4. In calculating or estimating weekly family income the following items shall be disregarded--
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( a ) any sums received by way of orphan's (contributory) allowance, orphan's (non-contributory) pension or death benefit by way of orphan's pension under the Act;
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( b ) any sums received by way of children's allowances under the Act;
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( c ) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 (No. 1 of 1970);
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( d ) any sums received by way of rent allowance under article 4 of the Social Welfare (Rent Allowance) Regulations, 1982 ( S.I. No. 220 of 1982 );
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( e ) any sums received by way of supplement;
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( f ) any sums received by way of supplementary welfare allowances under the Act;
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( g ) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person concerned).
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5. For the purposes of these Regulations a person shall be regarded as being engaged in remunerative full-time employment as an employee where--
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( a ) he is normally engaged in remunerative employment for not less than 30 hours a week, and
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( b ) he is engaged in remunerative employment for not less than 30 hours in--
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(i) the week in which the claim for supplement is made, or
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(ii) either of the two weeks immediately preceding the week in which the claim for supplement is made, or
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(iii) the week immediately following the week in which the claim for supplement is made.
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PART II CLAIMS AND PAYMENTS
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6. (1) Every claim for a supplement shall be made to the Minister in a form for the time being approved by him or in such other manner as the Minister may accept as sufficient in the circumstances of the particular case.
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(2) Where a family, as defined in section 232A of the Act, comprises a person and his or her spouse both such persons shall join in any claim for supplement as respects that family.
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(3) A claimant may withdraw his claim at any time before a decision has been made on it by giving notice to that effect in writing to the Minister.
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7. Every person who makes a claim for a supplement shall furnish such certificates, documents, information and evidence as may be required by the Minister and, if so required, shall for that purpose attend at such office or place as the Minister may direct.
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8. Where a claim for supplement is made by an employee, his employer shall on being so required by the Minister furnish to the Minister the following information relating to the employee--
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( a ) the nature of his employment,
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( b ) the total amount of gross earnings derived by the employee from his employment with the employer in respect of any period,
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( c ) the total number of hours worked by the employee in that employment in any period.
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( d ) any other relevant information that may be required by the Minister.
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9. (1) Subject to sub-articles (2) and (4) payment of a supplement shall be made with effect from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to a supplement, whichever is the later.
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(2) Where the day from which payment of a supplement or from which a change in the rate of payment of a supplement would take effect, is a day of the week other than a Thursday, payment of the supplement shall commence, or recommence, or the change in the rate of payment of the supplement shall take effect only as from and including the next Thursday.
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(3) Where a supplement would cease to be payable as from and including a day of the week other than a Thursday, the supplement shall continue to be payable up to but not including the next Thursday.
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(4) Where a beneficiary makes a claim not more than four weeks before or after the end of a period for which a supplement is paid, any supplement payable on foot of such claim shall be payable immediately from the end of the period in respect of which supplement was previously payable.
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10. (1) In the case of a claim to supplement received by the Minister prior to the 1st day of December, 1984, for the purposes of Article 9 (1), the date on which the claim was received by the Minister shall be deemed to have been the 6th day of September 1984.
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(2) Where payment of a supplement commences from a date prior to the 1st day of November, 1984 the supplement shall continue in payment up to the 30th day of October 1985.
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11. (1) Supplement shall be paid weekly in advance on the Thursday of each week by means of an order payable to the beneficiary, at such post office, hereinafter called the appropriate post office, as the Minister after enquiry from the beneficiary, may from time to time determine.
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(2) Where a supplement is payable, the Minister shall--
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( a ) cause arrangements to be made whereby, on furnishing such evidence as to identify and such other particulars as may be required, a beneficiary may obtain a book of orders, and
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( b ) notify the beneficiary of the arrangements so made.
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(3) A book of orders issued to any person shall remain the property of the Minister.
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(4) Any person having a book of orders or any unpaid order shall, on the termination of the supplement to which such book or order relates or when requested by the Minister, deliver such book or order to the Minister or to such person as he may direct.
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(5) Notwithstanding anything contained in this article, the Minister may in any particular case or class of case or in all cases arrange for the payment of a supplement otherwise than weekly in advance or otherwise than by means of orders payable to the beneficiary or on a day other than a Thursday as may appear to him to be appropriate.
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12. The right to any sum payable by way of supplement shall be extinguished where payment is not obtained within six months from the date on which that sum is payable under article 11 of these Regulations.
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13. (1) A person who is entitled to supplement may, with the consent of the Minister, nominate any of the following persons to receive the supplement on his behalf--
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( a ) his spouse
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( b ) any other person subject to such conditions as the Minister thinks fit.
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(2) Every nomination under the sub-article (1) may, by notice in writing given to the Minister, be revoked.
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(3) The Minister may withdraw his consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him.
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(4) The receipt of a person nominated under this article shall be a good discharge to the Minister for any sums paid to such person on behalf of the beneficiary.
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14. (1) Where a claimant or beneficiary is unable for the time being to act, the Minister may appoint some other person to exercise on behalf of such claimant or beneficiary any right or power which such claimant or beneficiary may be entitled to exercise under these Regulations and any such person may receive and deal with any sum payable by way of supplement on behalf of such claimant or beneficiary and the Minister may revoke such an appointment.
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(2) Anything required to be done to a claimant or beneficiary in relation to a supplement may be done as respects a claimant or beneficiary who is unable to act to the person appointed under this article to act for such claimant or beneficiary.
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(3) The receipt of a person appointed under this article to act for a claimant or beneficiary shall be a good discharge to the Minister for any sums paid to such person on behalf of the claimant or beneficiary.
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15. (1) Where a claimant dies and a decision has not yet been made regarding his claim to supplement such claim may be proceeded with in his name.
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(2) Where a claimant or beneficiary dies, payment of the supplement shall continue to be made for a period of six weeks, or for the remainder of the 52 week period of payment under section 232 D of the Act whichever is the lesser, after the date of death to a person who satisfies the Minister that he will apply the supplement for the benefit of any surviving member of the family in respect of which the supplement was payable.
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(3) Where a beneficiary dies, any sums payable to him at the date of death may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased to or among such persons as appear to the Minister to be beneficially entitled thereto.
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(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
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16. Where it appears to the Minister that a question has arisen or may arise as to whether--
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( a ) the conditions for the receipt of supplement payable under a decision are or were fulfilled;
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or
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( b ) a decision that supplement is payable ought to be revised under section 300 of the Act,
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he may direct that payment of the supplement shall be suspended in whole or in part until that question has been decided.
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17. Where by a decision on revision or appeal it is decided that benefit under Part II or assistance under Part III Chapter 2 of the Act is payable to a person in lieu of supplement payable to him by virtue of the original decision, any payments already made on account of the supplement in respect of any period covered by the decision on revision or appeal shall be treated as having been made on account of the benefit or assistance made payable by that decision.
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18. Any debt due to the State in respect of payment of supplement may, without prejudice to any other method of recovery, be recovered by deduction from any one or more of the following, that is to say, benefit under Part II of the Act (except maternity allowance, death benefit by way of orphan's pension or orphan's (contributory) allowance), assistance under Part III, Chapter 2 of the Act, a pension under Part III, Chapter 3 of the Act, or a widow's (non-contributory) pension under Part III, Chapter 4 of the Act to which a beneficiary then is or becomes entitled.
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19. A person who fails to comply with article 8 or with articles 11 (4) and 13 (3) of these Regulations shall be guilty of an offence and shall be liable at the discretion of the court on summary conviction of such offence to a fine not exceeding £500 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
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PART III APPLICATION OF CERTAIN PROVISIONS OF THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1981
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20. (1) The provisions of the enactments mentioned in the first column of the Schedule hereto shall apply to supplement and in such application shall be modified so that the said provisions shall read as set out in the second column of the said Schedule.
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(2) The procedure to be followed on appeals and references under section 298 of the Act as respects supplement shall be as set out in articles 4 to 9 and 11 to 16 of the Social Welfare (Insurance Appeals) Regulations, 1952 ( S.I. No. 376 of 1952 ).
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SCHEDULE
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Article 20
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| Title |
Modification |
| Subsections (1) and (6) of section 35 of the Act. |
35.--(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving supplement so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation: |
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Provided that the foregoing provisions of this subsection shall not apply to a person who-- |
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(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and
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(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.
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(6) In this section "trade dispute" means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not. |
| Section 111 of the Act. |
111.--(1) Every question arising-- |
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(a) in relation to a claim for supplement or
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(b) as to whether a person is or was disqualified for supplement,
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shall be decided by a deciding officer. |
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(2) A reference in this section to a question arising in relation to a claim for supplement includes a reference to a question whether supplement is or is not or was or was not payable. |
| Subsections (1), (2), (3) (a (c) and (4) of Section 112 of the Act. |
112.--(1) Provision may be made by regulations as to the time and manner of payment of supplement, and as to the information and evidence to be furnished by beneficiaries when applying for payment of supplement and, in consultation with An Post, for payment of supplement in specified cases through An Post. |
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(2) Regulations made under this section as to the time of payment of supplement may-- |
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(a) provide for enabling a person to whom supplement is payable to nominate another person to receive the supplement on his behalf,
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(b) provide, notwithstanding anything in Part IV A, for adjusting the commencement and termination of supplement, or for changes in the rate of supplement, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week.
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(c) provide for extinguishing the right to any sum payable by way of supplement where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.
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(3) Regulations may also provide-- |
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(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary 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 Part IV A and for authorising a person so appointed to receive and deal with any sum payable by way of supplement on behalf of the claimant or beneficiary.
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( c ) in connection with the death of any person, for enabling a claim for supplement to be made or proceeded with in his name.
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(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing supplement and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person or to or among any one or more of such persons exclusive of the others or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations. |
| Section 113 of the Act. |
113.--(1) Regulations may make provision in relation to matters arising-- |
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(a) pending the decision under Part IV A or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for supplement or of any question affecting any person's right to supplement to or receipt thereof, or
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(b) 'out of the effect of any appeal or revision of any decision under Part IV A or Part VIII on any such claim or question.
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(2) Without prejudice to the generality of subsection (1) regulations made thereunder may include provision-- |
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(a) for the suspension of supplement where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,
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(b) for treating any supplement paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him, or, in a case referred to in section 300 (5) for the repayment of any such supplement and the recovery thereof by deduction from any benefit or any assistance as may be specified or otherwise.
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| Section 114 of the Act. |
114.--(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks proper to be inspectors for the purposes of Part IV A. |
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(2) An inspector shall, for the purpose of the execution of Part IVA have power to do all or any of the following things-- |
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(a) to enter at all reasonable times any premises or place liable to inspection under this section;
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(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of Part IV A are being or have been complied with in any such premises or place;
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(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under Part IV A on which he may reasonably require information, every person whom he finds in any such premises or place 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 is examined;
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(d) to exercise such other powers as may be necessary for carrying Part IV A into effect.
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(3) The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person and the servants and agents of any such occupier or other person, and anyclaimant for supplement shall furnish to an inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the inspector may reasonably require for the purpose of ascertaining whether supplement is or was payable to any person. |
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(4) If any person-- |
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(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or
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(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or
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(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person apoointed under this section.
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he shall be guilty of an offence under this section and shall be liable |
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(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
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(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment,
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but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself. |
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(5) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of Part IVA shall, if so required, produce the said certificate. |
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(6) The premises and places liable to inspection under this section are any premises or places where an inspector has reasonable grounds for believing that any persons are or have been employed and any premises or places where an inspector has reasonable grounds for believing that any documents relating to persons in employment are kept. |
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(7) Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, another Minister, the Minister may make arrangements with that other Minister for any of the powers or duties of inspectors appointed under this section being carried out by an inspector or officer employed by that other Minister and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector appointed under this section. |
| Subsections 1 (b) (c) (d) (f), (3), (5), (6), (7) and (8) of Section 115 of the Act |
115. (1) (b) If any person, for the purposes of obtaining any supplement under Part IVA, whether for himself or some other person, or for any purpose connected the Act with Part IVA--
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(i) knowingly makes any false statement or false representation or knowingly conceals any material fact, or
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(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.
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( c ) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under paragraph (b) shall be guilty of an offence.
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(d) A person who is guilty of an offence under this subsection shall be liable--
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(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
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(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
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(f) (i) A person convicted of an offence under this subsection in relation to a supplement shall be disqualified for the receipt of the supplement for a period of 6 months immediately following the date of the conviction.
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(3) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the imposition, at the discretion of the court-- |
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(a) on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment, or
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(b) on conviction on indictment of such offences, of fines not exceeding specified amounts of not more than £2,000 or of imprisonment for terms not exceeding two years or of both such fines and such imprisonment, together with, in the case of continuing offences, further such fines in respect of each day on which the offences are continued.
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(5) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to him. |
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(6) Where an offence under Part IVA or under regulations under Part IVA is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is committed by an employee or officer of the body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence. |
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(7) It shall be a good defence to a prosecution for an offence under subsection (6) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances. |
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(8) Any summons or other document required to be served for the purpose of proceedings under Part IVA on a body corporate may be served-- |
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(a) by leaving it at or sending it by post to the registered office of the body corporate,
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(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
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(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.
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| Section 116 of the Act. |
116.--(1) Proceedings for an offence under Part IVA or under regulations made under Part IVA shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general direction of the Minister. |
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(2) A prosecution for a summary offence under Part IVA or under regulations made under Part IVA may be brought at the suit of the Minister. |
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(3) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under Part IVA or under regulations made under Part IVA may be brought at any time within whichever of the following periods later expires-- |
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(a) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or
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(b) the period of two years commencing on the date on which the offence was committed.
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(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown. |
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(5) In any proceedings for an offence under Part IVA or under regulations made under Part IVA the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person. |
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(6) Where in a prosecution for an offence under Part IVA or under regulations made under Part IVA, it is shown to the satisfaction of the court-- |
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(a) that an application has been made by a person (in this section referred to as the defendant) for supplement under Part IVA, and
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(b) that as a result of that application supplement under Part IVA has been paid to any person (whether or not such supplement was that applied for and whether or not it was paid to the defendant), the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
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| Section 117 of the Act |
117.--All sums due to the Minister 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 in any court of competent jurisdiction. |
| Section 119 of the Act. |
119.--In any proceedings for an offence under Part IVA or under regulations made under Part IVA or in any proceedings involving any issue for the recovery of any sums due to the Minister, a decision on any question relevant to the proceedings given in accordance with Part IVA or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and-- |
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(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 Part IVA and Part VIII, and
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(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.
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| Subsections (1) and (3) of Section 129 of the Act. |
129.--(1) Except where the regulations otherwise provide, a person shall be disqualified for receiving any supplement for any period during which that person-- |
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(a) is absent from the State, or
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(b) is undergoing penal servitude, imprisonment or detention in legal custody.
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(3) Regulations may provide for the suspension of payment to or in respect of any person during any such period as is mentioned in subsection (1) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period. |
| Section 290 of the Act. |
290.--In this Part "a document to which Part IVA applies" means every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which any such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any supplement under this Act is payable to him. |
| Section 304 of the Act. |
304.--Subject to this Act, every assignment of our charge on and every agreement to assign or charge, any supplement shall be void and on the bankruptcy of any person entitled to supplement, the supplement shall not pass to any trustee or other person acting on behalf of the creditors. |
| Sections 305 of the Act |
305.--Any sum received by any person by way of supplement shall not be included in calculating that person's means for the purpose of section 6 of the Debtors Act (Ireland), 1872. |
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GIVEN under the Official Seal of the Minister for Social Welfare this 1st day of
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November, 1984.
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BARRY DESMOND,
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Minister for Social Welfare.
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The Minster for Finance hereby consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Finance this 1st day of November,
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1984.
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ALAN DUKES,
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Minister for Finance.
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EXPLANATORY NOTE.
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The Social Welfare Act, 1984 provides for the payment, subject to regulations, of a family income supplement to workers with families who are in receipt of low incomes. These regulations prescribe the manner in which the weekly family income is to be determined for the purposes of calculating the weekly rate of supplement and the income which may be disregarded for this purpose. The regulations also define the circumstances in which a person is to be regarded as being engaged in remunerative full-time employment as an employee. Provision is made requiring employers to furnish details of an employee's earnings and hours of employment for the purposes of determining a claim to supplement.
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The regulations also provide that claims to supplement made prior to 1 December, 1984 shall be treated as if they had been on 6 September, 1984. In such cases, the supplement if awarded, will be payable up to 30th October, 1985, instead of the normal 52 weeks.
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The regulations also extend to family income supplement certain provisions of the Social Welfare Acts, The effect is to apply to the supplement the existing provisions in relation to such matters as claims, payments, decisions, appeals, prosecutions and trade disputes, etc. Other matters dealt with include the manner in which claims to supplement are to be made; the information to be given when claiming; the time and manner of payment of the supplement and the nomination of a responsible person to receive the supplement on behalf of the beneficiary. Provision is made for the extinction of the right to sums payable where payment is not obtained in time. Power is given to the Minister to appoint a person to act for a claimant or beneficiary who is unable to act.
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