Social Welfare (Consolidation) Act , 1981

(b) A widow who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded a widow's (contributory) pension on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

94 Rates of pension. [1952, s. 14]

94.—Subject to this Part, the weekly rates of widow's (contributory) pension shall be as set out in column (2) of Part I of the Second Schedule.

95 Increases (including increases for child dependants). [1976, s. 18]

95.—(1) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1952, s. 26; 1974 (No. 2), s. 19]

(2) The weekly rate of widow's (contributory) pension, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(3) The weekly rate of widow's (contributory) pension shall be increased by the amount set out in column (7) of Part Iof the Second Schedule where the person entitled to the pension has attained pensionable age and is living alone.

CHAPTER 12 Orphan's (Contributory) Allowance

96 Title to allowance. [1952, s. 23]

96.—Subject to this Act an orphan's (contributory) allowance shall be payable in respect of an orphan if the contribution condition in section 97 is satisfied.

97 Condition for receipt. [1952, Sch. 4; 1978 AM, s. 13]

97.—(1) The contribution condition for an orphan's (contributory) allowance is that one of the following persons has qualifying contributions for not less than 26 contribution weeks—

(a) a parent of the orphan,

(b) a step-parent of the orphan.

[1952, s. 14]

(2) Regulations may provide for modifications of this contribution condition but where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1969 MP, s. 9; 1970, s. 29]

(3) In deciding whether an orphan's (contributory) allowance is payable, a person over the age of 18 years who, if he were under that age, would be a qualified child, shall be taken to be a qualified child for any period during which he is under the age of 21 years and is receiving full-time instruction by day at any university, college, school or other educational establishment.

98 Rate of allowance. [1952, s. 14]

98.—Subject to this Part, the weekly rate of orphan's (contributory) allowance shall be as set out in Part I of the Second Schedule.

[1952, s. 14]

99 Payment of allowance. [1952, s. 24]

99.—(1) Subject to subsection (2), an orphan's (contributory) allowance shall be paid to the guardian of the orphan in respect of whom the allowance is payable.

(2) An orphan's (contributory) allowance may, if the Minister thinks fit instead of being paid to the guardian of the orphan in respect of whom the allowance is payable, be paid to some other person for the benefit of the orphan.

CHAPTER 13 Deserted Wife's Benefit

100 Title to benefit. [1952, s. 25E; 1973, s. 17; 1978 AM, s. 13]

100.—(1) Subject to this Act, deserted wife's benefit shall be payable to a woman who—

(a) has been deserted by her husband,

(b) if she is less than 40 years of age, has at least one qualified child residing with her,

(c) satisfies the contribution conditions in section 101, and

(d) satisfies such other conditions as may be prescribed.

(2) The circumstances in which a woman is to be regarded for the purposes of this section as having been deserted by her husband shall be determined in accordance with regulations made under section 195 (4) (a).

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband were dead, such child would be a qualified child in relation to her for the purposes of a widow's (contributory) pension under this Part.

(4) For the purposes of this Chapter “yearly average” means the average per contribution year of contribution weeks in respect of which the husband (or claimant) has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in section 101 (1) (b).

101 Conditions for receipt. [1952, Sch.4; 1974 (No.2), s. 20; 1978 AM, s. 13]

101.—(1) The contribution conditions for deserted wife's benefit are—

(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and

(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—

(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,

but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).

(2) In this section “relevant time” means—

(a) the date on which the husband attained pensionable age or the date before he attained that age on which the woman is determined to have been deserted by him, or

(b) if the conditions are being satisfied on the woman's insurance record—

(i) if she attained pensionable age before the date on which she is determined to have been deserted by her husband, the date on which she attained that age, or

(ii) the date on which she is determined to have been deserted by her husband.

[1952, s. 14]

(3) Regulations may provide for modifications of the meaning of yearly average contained in section 100 (4) or of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, S.28C; 1973, s, 17]

(4) Subject to subsection (5), regulations may provide for entitling to deserted wife's benefit persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations under subsection (4) shall provide that deserted wife's benefit payable by virtue thereof shall be payable at a rate less than that specified in the Second Schedule and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (1) (b) is satisfied, but any increase of benefit payable under section 103 (1) shall be the same as if that condition had been fully satisfied.

[1974 (No. 2), s. 11]

(6) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 69 years before 5th January, 1976, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, if this would be to the advantage of the claimant.

(b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st July, 1974, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st July, 1974, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1975, s. 10]

(7) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 68 years before 3rd January, 1977, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, if this would be to the advantage of the claimant

(b) A deserted wife who under the provisions of the Social Welfare Acts in operation prior to 1st April, 1975, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st April, 1975, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

[1977, s 13]

(8) (a) Entitlement to deserted wife's benefit which is due to be determined by reference to the insurance record of a person who attained the age of 67 years before 1st January, 1979, may be determined under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, if this would be to the advantage of the claimant.

(b) A deserted wife who, under the provisions of the Social Welfare Acts in operation prior to 1st October, 1977, has been awarded deserted wife's benefit on the basis of her own or her husband's insurance record at the date on which she or he attained the then pensionable age shall, on and after 1st October, 1977, have a right to such benefit at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in her case under those provisions.

102 Rates of benefit. [1952, s. 14]

102.—Subject to this Part, the weekly rates of deserted wife's benefit shall be as set out in column (2) of Part I of the Second Schedule.

103 Increases (including increases for child dependants). [1952, s. 27; 1973, s. 17; 1976, s. 18]

103.—(1) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

[1952, s. 26; 1974 (No. 2), s. 19]

(2) The weekly rate of deserted wife's benefit, in the case of a person who has attained pensionable age, shall be increased by the amount set out in column (6) of Part I of the Second Schedule for any period during which—

(i) the beneficiary is so incapacitated as to require full-time care and attention,

(ii) there is residing with the beneficiary for the purpose of providing that care and attention a prescribed relative of the beneficiary, and

(iii) such conditions as may be prescribed are fulfilled.

[1977, s. 14 (2)]

(3) The weekly rate of deserted wife's benefit shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the person entitled to the benefit has attained pensionable age and is living alone.

CHAPTER 14 Maternity Grant

104 Title to grant. [1952, s. 19]

104.—(1) Subject to this Act, a woman who has been confined shall be entitled—

(a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and

(b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.

(2) For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.

[1952, s. 21]

(3) In this Chapter, for the purpose of determining entitlement to maternity grant—

(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(4) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930, for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a maternity grant.

105 Conditions for receipt. [1952, Sch. 4; 1978 AM, s. 13]

105.—(1) The contribution conditions for a maternity grant are—

(a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and

(b) that the relevant person has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.

(2) In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

106 Amount of grant. [1952, s. 14]

106.—Subject to this Part, the amount of a maternity grant shall be as set out in Part VI of the Second Schedule.

CHAPTER 15 Death Grant

107 Title to grant. [1952, s. 25 B; 1970, s. 5]

107.—(1) Subject to this Act, a death grant shall be payable, to such person or persons as may be prescribed, on the death of—

(a) an insured person,

(b) the wife or husband of an insured person,

(c) the widow or widower of a deceased insured person, or

(d) a qualified child,

if the contribution conditions in section 108 are satisfied, but only one death grant shall be paid by virtue of this section on any one death.

(2) For the purposes of this section, in item 2 of Part VI of the Second Schedule and section 108 (2) “qualified child” means a person—

(a) who is under the age of 18 years at the date of death,

(b) who is ordinarily resident in the State on that date, and

(c) in respect of whose death the relevant contribution conditions for death grant are not satisfied by such person's insurance or the insurance of such person's wife or husband.

108 Conditions for receipt. [1952, Sch. 4; 1970, Sch.; 1978 AM, s. 13]

108.—(1) The contribution conditions for a death grant are—

(a) that before the relevant date the relevant insured person has qualifying contributions in respect of not less than 26 contribution weeks since his entry into insurance or since 1st October, 1970, (whichever is the later), and

(b) that either—

(i) the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in respect of not less than 48 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or

(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred or the beginning of the contribution year next following 1st October, 1970, (whichever is the later) and ending at the end of the last complete contribution year before the beginning of the benefit year in which the relevant date occurs is not less than 48.

[1974(No, 1), s. 7]

(2) In this Chapter “relevant insured person” means—

(a) in case the deceased person was a qualified child—

(i) the father or mother of such deceased person, or

(ii) the person with whom such deceased person at the date of death is determined, in accordance with regulations made under section 2 (6), to have been normally residing or with whom he would have been normally so residing if he had not been committed to a reformatory or an industrial school, or

(iii) the spouse of the person referred to in subparagraph (ii),

(b) in any other case, the deceased person or the spouse of the deceased person;

“relevant date” means the date of death of the deceased person or the date of death of the relevant insured person or the date of attainment of pensionable age of the relevant insured person, whichever occurs first, whether the deceased is the relevant insured person or not;

“yearly average” means the average per contribution year of contribution weeks in respect of which the relevant insured person has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (1) (b)(ii).

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions for receipt of a death grant but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[1952, s. 28B; 1970, s. 10]

(4) Subject to subsection (5), regulations may provide for entitling to a death grant persons who would be entitled thereto but for the fact that the contribution condition set out in subsection (1) (b) is not satisfied.

(5) Regulations under subsection (4) shall provide that a death grant payable by virtue thereof shall be of an amount less than that specified in Part VI of the Second Schedule, and the amount specified in the regulations may vary with the extent to which the relevant contribution condition set out in subsection (1) (b) is satisfied.

[1952, s. 66B; 1970, s. 16]

(6) Regulations may provide for modifications of the contribution conditions for a death grant in the case of a person who was an insured person on 1st October, 1970, and who, during the year subsequent to that date, was absent from the State for any period or was credited with contributions in respect of any period of unemployment, incapacity for work or retirement or is or becomes a voluntary contributor paying contributions at the rate specified in section 11 (1) (b) (ii).

109 Amount of grant. [1952, s. 14]

109.—Subject to this Part, the amount of a death grant shall be as set out in column (2) of Part VI of the Second Schedule.

CHAPTER 16 Treatment Benefit

110 General provisions as to benefit. [1952, s. 25; 1964 MP, s.7]

110.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.

(2) The regulations for the purposes of this section may specify the payment of the whole or any part of the cost of any of the following—

(a) dental treatment,

(b) hospital and convalescent home treatment,

(c) medical and surgical appliances,

(d) optical treatment and appliances,

(e) specialist medical and specialist surgical treatment,

(f) any other benefits of the same character as any of those mentioned in the foregoing paragraphs.

(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.

(5) The Minister may by order appoint a day to be the day on which this section expires.

CHAPTER 17 Administration, Legal Proceedings and Finance

111 Administration Decisions. [1952, s. 42; 1961 MP s. 16]

111.—(1) Every question arising—

(a) in relation to a claim-for benefit,

(b) as to whether a person is or was disqualified for benefit,

(c) as to the period of any disqualification for benefit,

[1966 OI, s. 36]

(d) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,

(e) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,

(f) as to what rate of employment contribution is or was payable by an employer in respect of an employed contributor,

(g) as to who is or was the employer of an employed contributor,

(h) as to whether a person is or was entitled to become a voluntary contributor, or

(i) on any such other matter relating to this Part as may be prescribed,

shall be decided by a deciding officer in accordance with Part VIII.

(2) A reference in this section to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.

112 Administration of benefit. [1952, s. 47]

112.—(1) Provision may be made by regulations as to the time and manner of payment of benefit, and as to the information and evidence to be furnished by beneficiaries when applying for payment of benefit and, with the consent of the Minister for Posts and Telegraphs, for payment of benefit in specified cases through the Post Office.

(2) Regulations made under this section as to the time of payment of benefit may—

(a) provide for enabling a person to whom benefit is payable to nominate another person to receive the benefit on his behalf,

[1960 AM, s. 12; 1966 OI, s. 30; 1970, s. 15; 1973, s. 17]

(b) in respect of old age (contributory) pension, retirement pension invalidity pension, widow's (contributory) pension, orphan's (contributory) allowance, deserted wife's benefit or occupational injuries benefit (other than injury benefit) provide, notwithstanding anything in this Part, for adjusting the commencement and termination of benefit, or for changes in the rate of benefit, 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,

(c) provide for extinguishing the right to any sum payable by way of benefit 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.

(3) Regulations may also provide—

(a) 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 Part 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,

[1972, s. 9]

(b) 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 disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension, so much of the benefit or pension as is payable by virtue of sections 21, 32, 81, 86 and 91 respectively,

(ii) in respect of widow's (contributory) pension, so much of the pension as is payable by virtue of section 95(1),

(iii) in respect of injury benefit or disablement pension, so much thereof as is payable by virtue of section 44,

(c) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in his name.

(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 benefit, 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.

113 Interim payments, arrears and repayments. [1952, s. 48]

113.—(1) Regulations may make provision in relation to matters arising—

(a) pending the decision under this Part or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit or of any question affecting any person's right to benefit 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 under this Part or Part VIII on any such claim or question.

(2) Without prejudice to the generality of subsection (1), regulations made thereunder may include provision—

(a) for the suspension of benefit 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,

[1961, MP, s. 17; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]

(b) for treating any benefit 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 which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or children's allowance) as may be specified, or otherwise.

114 Inspectors. [1952, s. 49]

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 this Part.

(2) An inspector shall, for the purposes of the execution of this Part, have power to do all or any of the following things—

(a) to enter at all reasonable times any premises or place liable to inspection under this section;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are being or have been complied with in any such premises or place;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Part on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he 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 is so examined;

(d) to exercise such other powers as may be necessary for carrying this Part into effect.

[1966 OI, s. 36]

(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 in insurable employment or insurable (occupational injuries) employment, and the servants and agents of any such occupier or other person, and any insured person, claimant for benefit or person in respect of whom benefit is claimed, 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 contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person.

[1976 (No. 2). s. 3]

(4) If any person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this section, or

(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

(c) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a person appointed under this section,

he shall be guilty of an offence under this section and shall be liable—

(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

(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,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(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 this Part shall, if so required, produce the said certificate.

[1976 (No. 2), s. 3]

(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 insurance cards or any other documents relating to persons in employment are kept.

(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.

115 Legal Proceedings Offences, including offences relating to bodies corporate. [1952, s. 52; 1976 (No. 2), s. 4]

115.—(1) (a) If any person—

(i) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp,

(ii) affixes any used insurance stamp to any insurance card, or

(iii) affixes to any insurance card a forged or counterfeit stamp,

he shall be guilty of an offence.

(b) If any person, for the purpose of obtaining any benefit or other payment under this Part, whether for himself or some other person, or for any purpose connected with this Part—

(i) knowingly makes any false statement or false representation 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.

(c) Where a person aids, abets, counsels or procures an employee of his to commit any offence under paragraph (a) or (b) or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence.

(d) A person who is guilty of an offence under this subsection shall be liable—

(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

(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.

(e) In any proceedings under this subsection in respect of used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a contribution.

(f) (i) A person convicted of an offence under this subsection in relation to a benefit other than orphan's (contributory) allowance, maternity benefit, death grant or death benefit under section 52 or 53, shall be disqualified for the receipt of that benefit for a period of 6 months immediately following the date of the conviction.

(ii) Subparagraph (i) shall not have effect in relation to an offence (other than an offence relating to unemployment benefit) committed before 12th July, 1976.

(2) (a) If any employer fails to pay at or within a prescribed time any employment contribution which he is liable under this Part to pay, he shall be guilty of an offence.

(b) If any employer 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, the employer shall be guilty of an offence.

(c) If any employer makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under this Part 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.

(d) A person who is guilty of an offence under this subsection shall be liable—

(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

(ii) on conviction on indictment, to a fine not exceeding £2,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(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—

(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

(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.

[1966 OI, s. 37]

(4) (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under this Part to pay, he shall be liable to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the amount which he has failed to pay and, on such a conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the three years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.

(b) Any sum paid by an employer under this subsection shall be treated as a payment in satisfaction of the unpaid employment contributions, and the insured person's portion of those employment contributions shall not be recoverable by the employer from the insured person.

[1966 OI, s. 37]

(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 the Social Insurance Fund or the Occupational Injuries Fund.

[1976 (No. 2), s. 6]

(6) Where an offence under this Part or under regulations made under this Part is committed by a 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.

(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.

(8) Any summons or other document required to be served for the purpose of proceedings under this Part on a body corporate may be served—

(a) by leaving it at or sending it by post to the registered office of the body corporate,

(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

(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.

116 General provisions as to prosecutions. [1952, s. 53]

116.—(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part 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 directions of the Minister.

(2) A prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.

[1976 (No. 2), ss. 5, 11]

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

(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 to his knowledge shall be conclusive evidence thereof.

(5) In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part, 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.

(6) Where in a prosecution for an offence under this Part, or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for benefit under this Part, and

(b) that as a result of that application benefit under this Part has been paid to any person (whether or not such benefit 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.

117 Recovery of sums due to the Social Insurance Fund by civil proceedings. [1952, s. 54; 1966 OI, s. 37]

117.—All sums due to the Social Insurance Fund or the Occupational Injuries Fund 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 proceedings jurisdiction.

118 Application of Probation of Offenders Act, 1907. [1952, s. 55]

118.—Where—

(a) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of such contributor, and

(b) the court proposes to make an order under section 1 (1) of the Probation of Offenders Act, 1907,

the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer.

119 Effect of decision. [1952, s. 57; 1966 OI, s. 37]

119.—In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part or in any proceedings involving any issue related to the payment of contributions or for the recovery of any sums due to the Social Insurance Fund or the Occupational Injuries Fund, a decision on any question relevant to the proceedings given in accordance with this Part 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—

(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 Part and Part VIII, 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.

120 Winding-up and bankruptcy. [1976 (No. 2), s. 7]

120.—(1) In this section “the Act of 1889” means the Preferential Payments in Bankruptcy (Ireland) Act, 1889.

(2) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution shall not form part of the assets of a limited company in a winding-up under the Companies Act, 1963, and in such a winding-up a sum equal in amount to the sum so deducted shall, notwithstanding anything in that Act, be paid to the Social Insurance Fund in priority to the debts specified in section 285 (2) of that Act.

(3) Any sum deducted by an employer from the remuneration of an employee of his in respect of an employment contribution due by the employer and unpaid by the employer in respect of such contribution before the date of the order of adjudication or the filing of the petition for arrangement (as the case may be) shall not form part of the property of the bankrupt or arranging debtor so as to be included among the debts which under section 4 of the Act of 1889 are in the distribution of such property to be paid in priority to all other debts, but shall, before such distribution and notwithstanding anything in the Act of 1889, be paid to the Social Insurance Fund in priority to the debts specified in section 4 of the Act of 1889.

(4) Formal proof of a debt to which priority is given by this section shall not be required except where required by or under the Act of 1889 or the Companies Act, 1963.

[1952, s. 58 (3); 1972, s. 10]

(5) There shall be included among the debts which under section 4 of the Act of 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all employment contributions payable by the bankrupt or arranging debtor during the twelve months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.

121 Married women. [1952, s. 59]

121.—A married woman shall, in respect of employment contributions—

(a) be capable of suing and being sued (including suing and being sued under section 132), and

(b) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were unmarried.

122 Finance Social Insurance Fund. [1952, s. 39]

122.—(1) The Social Insurance Fund (in this section and in section 123 referred to as the Fund) established under the Social Welfare Act, 1952, shall continue in being and to comprise a current account and an investment account.

(2) The Minister shall manage and control the current account of the Fund.

(3) The Minister for Finance shall manage and control the investment account of the Fund.

(4) Save where otherwise specifically provided—

(a) sums payable into the Fund shall be paid into the current account of the Fund, and

(b) sums payable out of the Fund shall be paid out of that account.

(5) Moneys standing to the credit of the current account of the Fund and not required to meet current expenditure shall be transferred to the investment account of the Fund.

(6) Whenever the moneys in the current account of the Fund are insufficient to meet the liabilities of that account, there shall be transferred to that account from the investment account of the Fund such sums as may be necessary for the purpose of discharging those liabilities.

(7) Subject to subsection (6), moneys standing to the credit of the investment account of the Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.

(8) An investment under subsection (7) may be in any securities in which trustees are for the time being by law empowered to invest trust funds or in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.

(9) (a) The amount by which the income of the Fund for any financial year is less than its expenditure shall be paid into the Fund out of moneys provided by the Oireachtas.

(b) The income and expenditure of the Fund for a financial year shall be determined for the purposes of this subsection by the Minister on such basis as may be agreed upon between him and the Minister for Finance.

(10) Any sum payable into the Fund under subsection (9) (a) shall be paid in such manner and at such times as the Minister for Finance may determine.

(11) Accounts of the Fund shall be prepared in such form, in such manner and at such times as the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every such account and a copy thereof, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.

123 Payments from Fund for acquisition of land, etc. [1950, s. 21; 1952, s. 68]

123.—(1) Payments may be made out of the Fund in respect of expenditure by the Minister on the acquisition of lands, premises, furniture or equipment or the construction or reconstruction of premises, and any such lands, premises, furniture or equipment shall be held by the Minister on behalf of the Fund.

(2) A payment shall not be made under subsection (1) save with the consent of the Minister for Finance.

(3) There shall be an investment return in respect of payments made out of the Fund under subsection (1) and such return shall be in the form of contributions to the Fund in respect of the payments made out of the Fund.

(4) The contributions to be made under subsection (3) shall be at rates to be agreed upon from time to time between the Minister and the Minister for Finance and shall be paid into the Fund out of moneys provided by the Oireachtas.

(5) The Minister may dispose of any lands, premises, furniture or equipment which he has acquired, constructed or reconstructed under this section and any moneys which he receives in respect of any such disposal shall be paid into the Fund.

(6) A disposal shall not be effected under subsection (5) save with the consent of the Minister for Finance.

CHAPTER 18 Miscellaneous Provisions

124 Prevention of double increase for prescribed relative. [1968 MP, s. 9; 1972, s. 8; 1980, ss. 3, 9]

124.—Notwithstanding sections 81 (3), 86 (3), 91 (3), 95 (2), 103 (2), 162 (1) (a), 179 (a), 195 (2), 196 (2) and 197 (2), only one increase of pension, benefit or allowance shall be payable in respect of a prescribed relative.

125 Payments after death. [1974 (No. 2), s. 10]

125.—(1) In this section “benefit” means—

(a) disability benefit (including any amount payable by way of pay-related benefit where appropriate),

(b) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

(c) injury benefit (including any amount payable by way of pay-related benefit where appropriate),

(d) old age (contributory) pension,

(e) retirement pension,

(f) invalidity pension,

(g) unemployment assistance under Part III,

(h) pension under Chapter 3 of Part III.

(2) Notwithstanding any provisions to the contrary in this Part or Part III or regulations made thereunder—

(a) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant, or which would include such an increase but for the receipt by the adult dependant of benefit in his own right, dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and

(b) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87 or death benefit under section 50 or 52 shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) except and to the extent that regulations otherwise provide.

126 Provisions as to maintenance. [1952, s. 36]

126.—Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of this Part to be wholly or mainly maintaining another person.

127 Free certificates. [1952, s. 38]

127.—(1) The Minister may arrange for the issue for the purposes of this Part of medical certificates or certificates of expected or actual confinement free of charge.

(2) The expenses incurred in giving effect to this section shall not exceed such sums as may from time to time be agreed upon between the Minister and the Minister for Finance.

128 Claims. [1952, s. 29]

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

(2) Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim therefor within the prescribed time, but any such regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.

(3) For the purposes of this Part, any claim made by post shall be deemed to have been made on the day on which it was posted.

129 Absence from the State or imprisonment. [1952, s. 31; 1966 OI, s. 1]

129.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit (including any increase thereof) for any period during which that person—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Except where regulations otherwise provide, if any benefit to which a person is entitled includes an increase under section 21 (1), 32 (1), 44, 81 (1), 86 (1) or 91 (1) in respect of the husband or wife of such person, the increase shall not be payable for any period during which the husband or wife—

(a) is absent from the State, or

(b) is undergoing penal servitude, imprisonment or detention in legal custody.

(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) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(4) Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in such cases as may be prescribed, be paid to the prescribed person.

[1970, s. 12]

(5) Regulations for the purposes of this section may be so framed as to make payment of death grant, invalidity pension and retirement pension subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 83 as periods of retirement.

130 Overlapping provisions, etc. [1952, ss. 32, 75; 1966 MP, s. 7; 1966 OI, s. 37; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]

130.—(1) Regulations may, in respect of cases in which—

(a) more than one benefit, or

(b) more than one assistance (other than supplementary welfare allowance), or

(c) any combination of the following—

(i) any benefit,

(ii) any assistance (other than supplementary welfare allowance), and

(iii) children's allowance

is payable to a person, provide for adjusting any such benefit, assistance or allowance (including disallowing payment thereof either wholly or partly) that may be payable to such person or for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received, or of sums payable by way of widow's (contributory) pension in respect of periods for which the person elects to receive widow's (non-contributory) pension.

(2) For the purposes of subsection (1), an increase of benefit may be regarded as a separate benefit, and any benefit, pension, allowance or assistance, as the case may be, payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to that person.

[S.I. No. 168 of 1977]

(3) Regulations may provide—

(a) for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which benefit was not received, and

(b) for recoupment from moneys provided by the Oireachtas to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which unemployment assistance, old age or blind pension, or children's allowance was not received.

131 Adjusting payments of benefits. [1952, s. 32]

131.—(1) Regulations may, in respect of cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—

(a) adjusting conditions for receipt of benefit,

(b) suspending the payment of benefit,

(c) reducing rates of benefit, or

(d) paying benefit otherwise than to that person

[1970, s. 13]

(2) Regulations may provide for adjusting any disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.

(3) Regulations may, in respect of cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—

(a) for adjusting disability benefit or invalidity pension (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or

(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.

(4) In subsection (3), the reference to a person being or having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.

[1960 AM, s. 19]

(5) Where a person who has attained pensionable age and is in receipt of a pension under Chapter 3 of Part III is awarded an old age (contributory) pension or a widow's (contributory) pension, any payment on foot of such first-mentioned pension in respect of a period in respect of which the old age (contributory) pension or the widow's (contributory) pension, as the case may be, is payable shall be treated as a payment on account of the old age (contributory) pension or the widow's (contributory) pension, as the case may be.

(6) Where a person who is in receipt of a pension under Chapter 3 of Part III is a person in respect of whom the weekly rate of old age (contributory) pension payable to another person is increased by virtue of section 81 (1), any payment on foot of the first-mentioned pension in respect of a period in respect of which the old age (contributory) pension is so increased shall be treated as a payment on account of the old age (contributory) pension.

132 Loss of benefit because of employer's default. [1952, s. 35]

132.—(1) Where an employer has failed or neglected—

(a) to pay any employment contribution which under this Part he is liable to pay in respect of an employed contributor in his employment, or

(b) to comply, in relation to any such employed contributor, with any requirement of this Part or regulations which relates to the payment or collection of employment contributions,

and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.

(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.

[1971, s. 9]

(3) Where, by virtue of regulations made under section 14—

(a) employment contributions which have not been paid have been treated as paid, or

(b) employment contributions which have been paid late have been treated as paid on the due dates,

and by reason thereof benefit which would otherwise have been lost was paid, there shall be due to the Social Insurance Fund by the employer the amount of the benefit which would have been so lost.

(4) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Part in respect of the same failure or neglect.

[1966 MP, s. 8]

(5) In ascertaining, for the purposes of this section, the amount of benefit lost by an employed contributor or other person by reason of a failure or neglect referred to in subsection (1), account shall not be taken of any assistance paid to such contributor or other person during a period when he was losing benefit by reason of such failure or neglect.

(6) The amount of assistance paid to an employed contributor or other person during a period when he was losing benefit by reason of a failure or neglect referred to in subsection (1) may be recovered by the Minister—

(a) in case the full amount of the benefit which was lost has been recovered by such contributor or other person, from such contributor or other person—

(i) by deduction from any benefit or assistance to which such contributor or other person may be or become entitled, or

(ii) as a simple contract debt in any court of competent jurisdiction, or

(b) in any other case, from the employer guilty of the failure or neglect as a simple contract debt in any court of competent jurisdiction,

and, if the amount of the assistance is recovered by the Minister from the employer, the sum recoverable by such contributor

or other person from the employer under this section shall be reduced by the amount of such assistance.

(7) Any sums recovered by the Minister under subsection (6) shall be paid into the Exchequer.

(8) In this section “assistance” means an old age or blind pension, unemployment assistance or a widow's (non-contributory) pension; or an orphan's (non-contributory) pension under Part III.

133 Continuity of insurance under old codes. [1952, s. 66]

133.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before 5th January, 1953, under the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, (or any scheme under that Act) or the Widows' and Orphans' Pensions Act, 1935, may continue to be insured under the provisions of this Part or otherwise to preserve the rights conferred on them by virtue of those enactments.

(2) Regulations under subsection (1) shall, in such manner and subject to such conditions as may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under this Part to take account of contributions paid or deemed to be paid or treated as paid under the said enactments and periods of insurance thereunder.

[1952, s. 69]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act, 1952, including, in particular, regulations providing—

(a) for modifying, as respects the period before 5th January, 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

PART III SOCIAL ASSISTANCE

CHAPTER 1 Preliminary

134 Description of assistance. [1908 OAP, s. 1; 1933 UA, s. 24;1952, s. 61; 1970, s. 22; 1973, s. 8; 1974 (No. 2), ss. 8, 9]

134.—(1) Assistance under this Part shall be of the following descriptions and is, in each case, so described in this Act—

(a) unemployment assistance,

(b) old age pension,

(c) blind pension,

(d) widow's (non-contributory) pension,

(e) orphan's (non-contributory) pension,

(f) deserted wife's allowance,

(g) prisoner's wife's allowance,

(h) social assistance allowance,

(i) single woman's allowance,

(j) supplementary welfare allowance.

(2) Assistance, except supplementary welfare allowance, shall be paid out of moneys provided by the Oireachtas.

CHAPTER 2 Unemployment Assistance

135 Interpretation. [1935 UA, s. 4; 1952, s. 98; 1970, s. 25]

135.—(1) For the purposes of this Chapter—

references to dependants shall, in relation to any person, be construed as references to adult dependants or to qualified children who normally reside with that person, as the case may require;

[1935 UA, s. 2]

“day” means a period of 24 hours from midnight to midnight or such other period of 24 hours as may, for any general or special purpose, be prescribed;

[1940 UA, s. 1]

“hereditaments” includes all lands, tenements, buildings, and other properties, corporeal or incorporeal, which are required by the Valuation Acts to be valued under those Acts, and also includes a part of any such property which is separately valued under those Acts;

“recipient” means a person entitled to unemployment assistance.

[1948, s. 31]

(2) For the purposes of this Chapter, any 3 days of unemployment, whether consecutive or not, within a period of 6 consecutive days shall be treated as a continuous period of unemployment, and any two such periods not separated by more than 20 weeks shall be treated as one continuous period of unemployment, and “continuously unemployed” shall be construed accordingly.

[1933 UA, s. 2]

(3) Subject to section 156, each of the following shall be an urban area for the purposes of this Chapter—

(a) every county borough,

(b) the borough of Dun Laoghaire,

(c) every urban district the population of which (as shown by the census of population which is for the time being the latest such census) exceeds 7,000.

[1952, s. 100]

(4) Where a house owned by the corporation or council of an urban area is situate outside such area, a person resident or ordinarily resident in such house shall be deemed to be resident or ordinarily resident in such urban area.

[1933 UA, s. 4]

(5) A person shall not be deemed to be unemployed within the meaning of this Chapter—

(a) on any day on which he works for wages or other remuneration, whether paid in money or in goods or otherwise howsoever, nor

(b) during any period which is in respect of such person an employment period within the meaning of this section.

(6) The Minister may by regulations made by him under this Chapter prescribe, either generally or in respect of any particular class or classes of persons or any particular district or districts, any period to be an employment period and accordingly no person of such class or resident in such district shall during such employment period be regarded as unemployed within the meaning of this Chapter.

136 Qualification certificates. [1933 UA, s. 10]

136.—(1) Any person may, subject to this section, apply in the prescribed manner for a qualification certificate.

(2) Where an application for a qualification certificate is duly made by a person and he shows in the prescribed manner that he fulfils the conditions, so far as they are applicable, stated in subsection (3), he shall be entitled to receive a certificate (in this Chapter referred to as a qualification certificate) certifying that he fulfils those conditions.

[1933 UA, s. 10; 1980, s. 8]

(3) The conditions referred to in subsection (2) as the conditions to be fulfilled by a person applying for a qualification certificate are—

(a) that he is at the date of the application resident in the State;

(b) that he has attained the age of 18 years and has not attained pensionable age;

(c) that his means, calculated in accordance with this Chapter, do not exceed an amount per annum equal to 52 times—

(i) the amount of unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to a person who has an adult dependant and is resident in an urban area, and

(ii) in case he has a qualified child or qualified children so much of the unemployment assistance set out at reference 1 A (1) in Part I of the Fourth Schedule applicable to the person as would be payable in respect of that child or those children, as the case may be; and

(d) in the case of a married woman either—

(i) that her husband is a dependant of her, or

(ii) that neither she nor her husband is a dependant of the other and she has one or more dependants.

[1933 UA, s. 10]

(4) Every qualification certificate shall be in the prescribed form and shall contain a statement of the weekly rate corresponding to the annual rate calculated in accordance with this Chapter of the means of the person to whom such certificate relates.

137 Right to assistance. [1933 UA, S. 14]

137.—(1) Any person who is the holder of a qualification certificate may, subject to this section, apply in the prescribed manner for unemployment assistance.

(2) Where an application for unemployment assistance is duly made by a person for the time being entitled under subsection (1) to make such application and the person delivers to a deciding officer his qualification certificate and satisfies such officer in the prescribed manner that he complies with the statutory conditions, the person shall, so long as he continues to comply with the statutory conditions and is not disqualified under this Chapter for receiving unemployment assistance, be entitled, subject to the provisions of this Chapter, to receive payments (in this Chapter referred to as unemployment assistance) at such times, in such manner and at such rate as is or are or shall be appointed by or under this Chapter.

(3) When a person is for the time being in receipt of unemployment assistance, his qualification certificate shall be retained at the prescribed place, during the prescribed time and in the prescribed manner.

[1974 (No. 2), s. 10]

(4) Subject to section 125, payment of unemployment assistance shall continue to be made for a period of 6 weeks after the date of death of a recipient who had an adult dependant.

138 Statutory conditions. [1933 UA, s. 15; 1935 UA, s. 8; 1978, s. 5]

138.—(1) The following conditions are referred to in this Chapter as the statutory conditions and shall, subject to this Chapter (including this section) be the conditions to be complied with by the holder of a qualification certificate in order to entitle him to receive unemployment assistance—

(a) that he has made application for unemployment assistance in the prescribed manner and proves in the prescribed manner that since the date of his application for unemployment assistance he has been continuously unemployed;

(b) that he is capable of work and is available for and genuinely seeking but is unable to obtain employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances;

(c) that since his qualification certificate was issued to him he has not done anything and no change of circumstances or other event has occurred which would invalidate such certificate or would disentitle him to hold such certificate;

(d) if he has been duly required by a deciding officer to attend a course of instruction appointed or approved by regulations made under this Chapter, that he has duly attended the course in accordance with the requirement.

[1962 MP, s. 6]

(2) A person shall not be deemed to have failed to comply with the conditions set out at subsection (1) (a) and subsection (1) (b) by reason only of the fact that he is undergoing a course of rehabilitation training provided by an organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training) whether or not the course is a course in respect of which he is in receipt of a monetary training allowance paid by the organisation.

[1933 UA, s. 15]

(3) A person shall not be deemed to have failed to comply with the statutory conditions by reason only that he has declined an offer of employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

139 Rates of assistance. [1933 UA, s. 17; 1980, s. 6]

139.—Subject to section 140, the rate (in this Chapter referred to as the scheduled rate) of unemployment assistance shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule, increased by—

(a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled to an increase of assistance under this paragraph in respect of more than one person, and

(b) the amount set out in column (4) of that Part in respect of a qualified child or each of two qualified children who normally resides or reside with the applicant or recipient and, in addition, where there are more than two such children, the amount set out in column (5) of that Part in respect of each such child in excess of two.

140 Effect of means on rates. [1933 UA, s. 17; 1966 MP, s. 3]

140.—(1) Whenever a person is entitled under this Chapter to receive unemployment assistance, such assistance shall be given to him in the form of a money payment at whichever of the following rates is applicable—

(a) if he has no means, at the scheduled rate, and

(b) if he has means, at a rate equal to the scheduled rate reduced by 5p per week for every 5p or part of 5pof his means.

(2) Whenever in the calculation of the rate at which unemployment assistance is payable to a person, the weekly amount by which the scheduled rate is to be reduced is equal to or exceeds the weekly amount of the scheduled rate, no unemployment assistance shall be payable to the person.

(3) The means of any person for the purpose of this section shall be taken to be the means of such person as stated in the qualification certificate for the time being held by him.

141 Revocation and amendment of qualification certificates. [1935 UA, s. 7; 1976 (No.2), s. 9]

141.—(1) Whenever the holder of a qualification certificate has ceased to fulfil the conditions specified in the certificate or his means have increased in amount beyond the figure specified in the certificate as his means, the following provisions shall have effect—

(a) he shall within 7 days after such cesser or the date from which his means became so increased, inform a deciding officer of such cesser and the reason therefor or the increase (as the case may be), and

(b) if he fails or neglects to comply with the provisions of paragraph (a) he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(2) Whenever it is determined that any person was not entitled to receive his qualification certificate or hold a qualification certificate of the kind held by him, the holder of the certificate shall on demand by a deciding officer forthwith deliver the certificate to such officer.

(3) Every person who on demand being made to him by a deciding officer under subsection (2) for delivery of his qualification certificate fails to deliver forthwith the certificate to such officer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £100.

(4) Where a person is convicted of an offence under subsection (3) the court by which he is convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the qualification certificate in respect of which such offence was committed to a deciding officer.

142 Disqualifications. [1933 UA, s. 16 (6); 1935 UA, s.9; 1952, Sch. 6; 1977, s. 7 (2)]

142.—(1) A person shall be disqualified for receiving unemployment assistance—

(a) while he is resident, whether temporarily or permanently, outside the State, or

(b) while he is undergoing penal servitude, imprisonment or detention in legal custody, or

(c) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or

(d) while he is in receipt of or entitled to a blind pension under section 175, or any disability benefit, maternity allowance or unemployment benefit under Part II.

[1948, s. 35; 1967 MP, s. 15]

(2) A person who loses his employment through his misconduct, or who voluntarily leaves his employment without just cause or who without good cause refuses or fails to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case shall be disqualified for receiving unemployment assistance for the period of three months or such shorter period (not being less than one week) as may be determined under this Chapter from the date when he so lost or left his employment or so refused or failed.

[1933 UA, s. 16 (5); 1967 MP, s. 15 (a)]

(3) (a) A person who loses employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop or other premises at which he was employed, shall be disqualified for receiving unemployment assistance so long as the stoppage of work continues, except in the 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.

(b) Paragraph (a) shall not apply to a person who—

(i) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

(ii) 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.

(4) Where separate branches of work which are commonly carried on as separate businesses in separate premises are in any case carried on in separate departments of the same premises, each of those departments shall, for the purposes of subsection (3), be deemed to be a separate factory or workshop or separate premises, as the case may be.

[1935 UA, s. 10]

(5) Unemployment assistance and unemployment benefit shall not both be payable in respect of the same day or days.

143 Operative date of certain decisions. [1965 MP, s. 16]

143.—(1) Where a person applies in the prescribed manner for a qualification certificate and it is decided by a deciding officer or an appeals officer that the person is entitled to hold a qualification certificate—

(a) the decision shall, for the purposes of this Chapter, be deemed to have had effect as on and from the date of the making of the application or such subsequent date as may be appropriate, and

(b) the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision came into effect.

(2) The application for unemployment assistance of a person who becomes entitled to a qualification certificate may be deemed to have been made on the date from which the decision in relation to the application of the person for the certificate came into effect or such subsequent date as may be appropriate.

[1964 MP, s. 11]

(3) Where, as a result of a reversal or revision of a decision, a person becomes entitled to hold a qualification certificate under this Chapter, the person shall, for the purposes of this Chapter, be deemed to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(4) Where, as a result of a reversal or revision of a decision, a qualification certificate issued to a person under this Chapter is revoked, the person shall, for the purposes of this Chapter, be deemed not to have been the holder of a qualification certificate as on and from the date on which the decision as so reversed or revised came into effect.

(5) Where, as a result of a reversal or revision of a decision, the statement of the weekly rate of means contained in a qualification certificate issued to a person under this Chapter, is varied, the person shall, for the purposes of this Chapter, be deemed to have been the holder of such certificate as he is entitled to hold under the decision as so reversed or revised as on and from the date on which the decision as so reversed or revised came into effect.

(6) The application for unemployment assistance of a person who becomes entitled to a qualification certificate as a result of a reversal or revision of a decision may be deemed to have been made on the date from which the decision as so reversed or revised came into effect or on any subsequent date.

(7) In this section “decision” means a decision of a deciding officer or an appeals officer in relation to a qualification certificate under this Chapter.

[1935 UA, s. 12]

(8) Where it has been determined that the holder of a qualification certificate has not complied with the statutory condition contained in section 138 (1) (b) any subsequent application for unemployment assistance made by him before the expiration of 6 weeks from the date on which he so failed to comply with such statutory condition need not be determined under section 296.

144 False statements and offences. [1933 UA, s. 29; 1935 UA, s. 14; 1976 (No. 2), s. 9]

144.—(1) If, for the purpose of obtaining for himself or any other person a qualification certificate or any payment of unemployment assistance or of avoiding the making by himself or any other person of any repayment under this Chapter, any person makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or conceals any material fact, he shall be guilty of an offence under this section and shall be liable—

(a) 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

(b) 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.

[1938 UA, s. 8; 1976 (No. 2), s. 9]

(2) Where a person (in this section referred to as the employer) aids, abets, counsels or procures a person (in this section referred to as the employee) employed by him to commit an offence under subsection (1) or conspires with the employee for the commission by the employee of an offence under that subsection, the employer shall be guilty of an offence under this section and shall be liable—

(a) 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

(b) 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.

[1961 MP, ss. 10, 14]

(3) A person convicted of an offence under this section shall—

(a) if the offence is in relation to the payment or repayment of unemployment assistance, be disqualified for the receipt of unemployment assistance for a period of six months immediately following the date of the conviction, and

(b) if the offence is in relation to a qualification certificate, be disqualified for obtaining or holding a qualification certificate for a period of six months immediately following the date of the conviction.

[1976 (No. 2), s. 12]

(4) Regulations under this Chapter may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court 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.

145 Prosecutions. [1933 UA, s. 30; 1976 (No. 2), ss. 5, 11]

145.—(1) Proceedings for an offence under any section of this Chapter shall not be instituted except by or with the consent of the Minister.

(2) A prosecution for an offence under any section of this Chapter may be brought at the suit of the Minister.

(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or

(b) the period of two years commencing on the date on which the offence was committed.

[1935 UA, s. 18]

(4) The wife or husband of a person charged with an offence under this Chapter may, notwithstanding anything contained in section 1 of the Criminal Justice (Evidence) Act, 1924, be called as a witness either for the prosecution or the defence and without the consent of the person charged.

[1976 (No. 2), s.11]

(5) Where, in a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for unemployment assistance, and

(b) that as a result of that application unemployment assistance has been paid to any person (whether or not such assistance 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.

146 Calculation of means. [1933 UA, s. 13]

146.—(1) In the calculation of the means of a person for the purpose of this Chapter, the following things and no others shall be deemed to constitute the means of the person—

(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income which he may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—