Social Welfare (Consolidation) Act , 1981

Type Act

Publication 1981-02-24

State In force

Source Irish Statute Book

articles 313

(c) in applying the provisions of section 300, provide, notwithstanding anything contained in that section, that in any case in which a deserted wife's allowance is by virtue of a revised decision given by a deciding officer or an appeals officer disallowed or reduced, such amount as the Minister may direct of any of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

196 Prisoner's wife's allowance. [1974 (No. 2), s. 9; 1979, s. 7]

196.—(1) A prisoner's wife's allowance shall, subject to regulations, be paid to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than 6 calendar months,

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

(2) The rate of a prisoner's wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

[1979, s. 8]

(3) A prisoner's wife's allowance shall continue to be paid for a period of 4 weeks after the release of the prisoner from a prison or place of detention.

(4) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4.

(5) The Minister may make regulations in relation to prisoner's wife's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I II and VIII.

197.—(1) A social assistance allowance shall, subject to regulations, be paid to a woman—

(a) who is unmarried,

(b) who has at least one qualified child residing with her, and

(2) The rate of a social assistance allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under Chapter 4 if she were a widow.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if she is the mother of the child and if, on the assumption that she was a widow, the child would be a qualified child in relation to her for the purposes of Chapter 4.

(4) The Minister may make regulations in relation to a social assistance allowance and the regulations may, in particular and without prejudice to the generality of the foregoing—

(a) specify the circumstances in which a woman is to be regarded for the purposes of this section as being an unmarried mother,

(b) apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I, II and VIII, and

(c) in applying the provisions of section 300 provide, notwithstanding anything contained in that section, that in any case in which a social assistance allowance is, by virtue of a revised decision given by a deciding officer or an appeals officer, disallowed or reduced, such amount as the Minister may direct of the allowance that has been paid in excess of the rate determined by that decision to have been payable shall be recoverable as a debt due to the State.

198 Single woman's allowance. [1974 (No. 2), s. 8]

198.—(1) A single woman's allowance shall, subject to regulations, be paid to a woman—

(a) who is single,

(b) who has attained the age of 58 years but has not attained pensionable age, and

[1980, s. 13]

(2) A single woman's allowance shall be payable—

(a) where her weekly means do not exceed £1, at the weekly rate set out in column (2) of Part I of the Fourth Schedule, and

(b) where her weekly means exceed £1, at that rate reduced by the amount set out in column (2) of Part II of the Fourth Schedule for each amount (if any) of £1 by which those weekly means exceed £1, any fraction of £1 in those weekly means being treated for this purpose as £1: provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the allowance would be payable is less than 50p, the allowance shall not be payable.

(3) The Minister may make regulations in relation to a single woman's allowance and the regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I, II and VIII.

CHAPTER 6 Supplementary Welfare Allowance

199 Interpretation. [1975 SWA, ss. 1, 10]

199.—In this Chapter—

“the Act of 1939” means the Public Assistance Act, 1939;

“child dependant” means, in relation to a recipient, any child, not being an adult dependant, who has not attained the age of 18 years and who is dependent on that recipient for support;

“home assistance” means home assistance within the meaning of the Act of 1939;

“public assistance authority” means a public assistance authority within the meaning of section 8 of the Act of 1939, as extended by section 7 of the Health Authorities Act, 1960, and section 84 of the Health Act, 1970;

“recipient” means a person entitled to supplementary welfare allowance;

“supplementary welfare allowance” means an allowance in cash or in kind granted under this Chapter.

200 Entitlement to supplementary welfare allowance. [1975 SWA, s. 2]

200.—Subject to this Chapter, every person in the State whose means are insufficient to meet his needs and the needs of any adult or child dependant of his shall be entitled to supplementary welfare allowance.

201 Exclusion of persons receiving full-time education. [1975 SWA, s. 3]

201.—(1) Any person who is receiving full-time instruction by day at any university, college, school or other educational establishment shall not be entitled to supplementary welfare allowance.

(2) Subsection (1) is without prejudice to the entitlement of any person to receive supplementary welfare allowance in respect of a person referred to in that subsection who is his adult or child dependant.

(3) Notwithstanding subsection (1), supplementary welfare allowance may, in a case in which there are exceptional circumstances, be granted to a person who would be entitled to receive supplementary welfare allowance but for that subsection.

202 Exclusion of persons in full-time employment. [1975 SWA, s. 4]

202.—(1) Subject to subsections (2) and (3), a person shall not be entitled to supplementary welfare allowance in relation to any period during which he is engaged in remunerative full-time work.

(2) The Minister may by regulations provide for the postponement of the operation of subsection (1) in respect of any class of persons becoming engaged in remunerative full-time work until such period after the commencement of the engagement as may be specified in the regulations.

(3) Subsection (1) shall not apply in the case of any person engaged in remunerative full-time work where the earning power of such person is, by reason of any physical or mental disability, substantially reduced in comparison with the earning power of other persons engaged in similar work.

203 Persons affected by trade disputes. [1975 SWA, s.5]

203.—(1) In any case where, by reason of a stoppage of work due to a trade dispute at his place of employment, a person is without employment for any period during which the stoppage continues, and such person has not, during that stoppage, become bona fide employed elsewhere in the occupation which he usually follows, or has not become regularly engaged in some other occupation, his needs for that period shall be disregarded for the purpose of ascertaining his entitlement to supplementary welfare allowance except in so far as such needs include the need to provide for his adult or child dependants.

(2) Subsection (1) shall not apply to any person who is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and 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.

(3) In this section—

“place of employment” in relation to any person, means the factory, workshop, farm or other premises or place at which he was employed, but, where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of this section, be deemed to be a separate factory or workshop or farm or separate premises or a separate place, as the case may be;

“trade dispute” has the meaning assigned by section 35 (6).

204 Administration. [1975 SWA, s. 6]

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

(2) Every health board shall grant to every person in its functional area who is eligible therefor such supplementary welfare allowance as is determined, in accordance with this Chapter, to be due to such person.

(3) Any doubt or dispute as to which health board shall be responsible for the provision of supplementary welfare allowance to a particular person or to persons of a particular class shall be decided by the Minister.

(4) Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 205, be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970) of the health board.

205 Appeals. [1975 SWA, s. 7]

205.—(1) Where a person is dissatisfied with the determination by an officer of a health board of a claim by him for supplementary welfare allowance, an appeal shall lie against such determination to a person (being either another officer of the health board or a person not such an officer) appointed or designated by the Minister.

(2) The Minister may by regulations made under section 219 provide for the making and determination of appeals under this section.

206 Conditions for grant of supplementary welfare allowance. [1975 SWA, s. 8]

206.—A health board may, subject to regulations made by the Minister under section 219, determine that a person shall not be entitled to supplementary welfare allowance unless—

(a) he is registered for employment in such manner as the Minister may prescribe, and

(b) he makes application for any statutory or other benefits or assistance to which he may be entitled including such benefits or assistance from countries other than the State.

207 Calculation of supplementary welfare allowance. [1975 SWA, s. 9; 1980, s. 14]

207.—(1) The amount of supplementary welfare allowance to which a person is entitled shall be the amount by which his means fall short of his needs, and for the purpose of ascertaining that amount—

(a) the weekly needs of a person shall, subject to any payment pursuant to section 209, be taken to be—

(i) in the case of a person who has no means, the amount calculated in accordance with section 208, or

(ii) in the case of a person who has means, the amount calculated in accordance with section 208 which would be appropriate in his case if he had no means, reduced by 5p per week for every 5p or part of 5p of his weekly means,

(b) the weekly means of any person shall be calculated in accordance with section 210.

(2) In calculating the amount of supplementary welfare allowance payable to any person, the following provisions shall apply—

(a) where a husband and wife are members of the same household, their needs and means shall be aggregated and shall be regarded as the needs and means of the husband, or of the wife, if she is the claimant;

(b) in the case of a person with a child dependant his needs shall be taken to include the needs of that child dependant;

(c) where the needs of any person are taken into account in determining the entitlement of any other person to supplementary welfare allowance, only such other person shall be entitled to an allowance.

208 Weekly amounts of supplementary welfare allowance for persons of no means. [1975 SWA, s. 10; 1980, s. 14]

208.—(1) In the case of a person who has no means as determined by this Chapter and subject to any payment pursuant to section 209, the weekly amount of supplementary welfare allowance payable shall be as 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 recipient has an adult dependant, and

(b) the amount set out in column (4) of that Part in respect of a child dependant or each of two such children 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.

(2) For the purposes of this section, the definition of adult dependant in section 2 (1) and columns (4) and (5) of Part I of the Fourth Schedule shall be construed as if “child dependant” and “child dependants”, respectively, were substituted for “qualified child” and “qualified children”.

209 Additions to weekly amount of supplementary welfare allowance and other income. [1975 SWA, s. 11]

209.—(1) Where the weekly amount of supplementary welfare allowance, if any, payable to a person pursuant to section 207, and any other income, including any payment under this Act or under any other statute, of that person, is not sufficient to meet his needs, then—

(a) in any case where that person is in receipt of supplementary welfare allowance, the weekly amount of such allowance payable to that person may, subject to this section, be increased, or

(b) in any other case, a weekly payment of supplementary welfare allowance may be made, subject to this section, to supplement that person's other income.

(2) The Minister may prescribe—

(a) the circumstances under which a payment may be made to any person pursuant to subsection (1), and

(b) the amounts of payments to be made either generally or in relation to a particular class of persons.

(3) Regulations under subsection (2) may provide for the granting of allowances in kind in relation to specified needs and for all matters ancillary to and consequent on the provision of such allowances.

210 Calculation of means. [1975 SWA, s. 12]

210.—(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).

(2) In calculating the weekly means of a person, account shall be taken of the following—

(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of children's allowance under Part IV,

(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970, and

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;

[1979, s. 18]

(c) the value of any advantage accruing to such person from the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by the person;

(d) the value of any benefit or privilege enjoyed by such person;

(e) all income and the value of all property of which such person has directly or indirectly deprived himself in order to qualify himself for the receipt of supplementary welfare allowance.

(3) The Minister may by regulations vary the provisions of subsection (2).

211 Allowances in kind. [1975 SWA, s. 13]

211.—(1) Whenever it appears to a health board that by reason of exceptional circumstances the needs of a person can best be met by the provision of goods or services instead of the whole or part of any payment to which he would otherwise be entitled under this Chapter, the health board may determine that such goods or services be provided for him under arrangements made by the board.

(2) In making a determination under this section to meet sudden and urgent need, the health board may dispense with inquiry into means or other circumstances and with compliance with any regulations made under this Chapter.

(3) In relation to any goods or services provided by a health board pursuant to subsection (1), references in this Chapter to the amount of supplementary welfare allowance shall be deemed to be references to the value of the goods or services so provided.

212 Power to make single payment for exceptional need. [1975 SWA, s. 14]

212.—A health board may, in any case where it considers it reasonable, having regard to all the circumstances of the case, so to do, determine that supplementary welfare allowance shall be paid to a person by way of a single payment to meet an exceptional need.

213 Grant of supplementary welfare allowance in cases of urgency. [1975 SWA, s. 15]

213.—(1) Nothing in section 201, 202 or 203 shall prevent the payment of supplementary welfare allowance in an urgent case and in determining whether an allowance is payable by virtue of this section and the amount or nature of the allowance, the health board shall not be bound by anything contained in sections 206 to 210 or in any regulations made under this Chapter which appears to it inappropriate in the circumstances of the case.

(2) Where pursuant to subsection (1) supplementary welfare allowance is paid to a person who is engaged in remunerative full-time work, a health board may, if it is satisfied that in all the circumstances of the case it would be equitable so to do, determine that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid.

214 Liability to maintain dependants. [1975 SWA, s. 16]

214.—(1) For the purposes of this Chapter and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect—

(a) every man shall be liable to maintain such of his legitimate children as are under the age of 16 years;

(b) every woman shall be liable to maintain such of her children as are under the age of 16 years;

(c) every married man shall be liable to maintain his wife and any child of his wife who was born before her marriage to him and is under the age of 16 years; and

(d) every married woman shall be liable to maintain her husband.

(2) Every reference in this Chapter to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of subsection (1) is liable to maintain such other person.

215 Recovery of and contributions to supplementary welfare allowance. [1975 SWA, s. 17]

215.—(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.

(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

(3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.

(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

(5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.

216 Arrangements for burials. [1975 SWA, s. 18]

216.—(1) A health board may provide for the burial of any of the following persons—

(a) a person who died within the functional area of the health board and in respect of whose burial suitable arrangements are not otherwise being made,

(b) a person who has been drowned and cast ashore within its functional area or who has otherwise perished and been found dead within that area and (in either case) whose body has not been claimed for burial.

(2) A health board may, in any case in which it thinks proper, bring into and bury in its functional area the body of a person eligible for supplementary welfare allowance who has died outside such functional area.

(3) A health board may defray all expenses necessarily incurred in the burial under this section of a person or in the bringing of the body of a person into its functional area for burial

(4) Where a health board incurs under this section expenses in relation to the body of a deceased person, it may obtain repayment of such expenses from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death.

217 Estimates of income and expenditure in respect of supplementary welfare allowance. [1975 SWA, s. 19]

217.—A health board shall submit estimates of income and expenditure in respect of supplementary welfare allowance to the Minister in such form, at such times and in relation to such periods as the Minister, with the consent of the Minister for Health, may direct and shall also furnish the Minister with any information he requires in relation to such estimates.

218 Financing of health board expenditure. [1975 SWA, s. 20; S.I. No. 156 of 1977]

218.—(1) Every local authority which, immediately before 1st July, 1977, was a public assistance authority shall pay to the health board in whose functional area the functional area of the local authority is included in respect of each year a sum representing—

(a) the total expenditure by such local authority on home assistance in the year ending on 31st December, 1975, and

(b) a proportion of 40 per cent, of the amount by which the total expenditure by all health boards on supplementary welfare allowance in the year for which payment is due exceeds the total expenditure by all local authorities on home assistance in the year ending on 31st December, 1975, the said proportion of 40 per cent, payable by such authority being that which the total expenditure on home assistance by that authority in the year ending on 31st December, 1975, bears to the total expenditure by all local authorities on such assistance in that year.

(2) In determining the amount of expenditure on home assistance and supplementary welfare allowance for the purposes of subsection (1), the costs of administration shall be excluded.

(3) The expenditure of a health board on the administration of supplementary welfare allowance shall be paid by the local authorities which, immediately before 1st July, 1977, were public assistance authorities having their functional areas in the functional area of the health board.

(4) Section 32 of the Health Act, 1970, which relates to the agreement or, in the absence of agreement, the determination of the manner of the sharing of contributions between local authorities, shall with any necessary modifications apply to payments under subsection (3) in like manner as it applies to contributions under the said section 32.

(5) The Minister may by regulations specify the manner in which and the times at which payments shall be made by local authorities to health boards under subsection (1) and, where appropriate, any such regulations may provide for interim payments calculated in accordance with estimates furnished by a health board pursuant to section 217.

(6) (a) Where any sum is due and payable under this Chapter to a health board by a local authority, the amount of that sum may be deducted from any money payable to that local authority from funds provided by the Oireachtas for any purpose whatsoever.

(b) Every amount deducted pursuant to paragraph (a) shall be paid to the health board concerned and shall be credited in the accounts of that health board as a payment by the local authority concerned of the sum in respect of which the amount was so deducted.

(7) References to supplementary welfare allowance in this section shall be construed as including reference to the cost of burials pursuant to section 216.

(8) The Minister shall, out of moneys provided by the Oireachtas, make grants to health boards to defray so much of their expenditure on supplementary welfare allowance as is not met by income under this section.

219 Regulations. [1975 SWA, s. 21]

219.—(1) The Minister may make regulations—

(a) in relation to any matter relating to supplementary welfare allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under Parts I, II and VIII, and

(b) for any purpose in relation to which regulations are provided for by any of the provisions of this Chapter.

(2) Without prejudice to any specific provision in this Chapter, any regulations made under this Chapter may contain such incidental or supplementary provisions as may appear to the Minister to be expedient for the purposes of the regulations.

220 Transfers of certain property. [1975 SWA, s. 22]

220.—(1) All property transferred by section 22 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, to a health board and which, immediately before 1st July, 1977, was standing in the book of any bank or was registered in the books of any bank, corporation or company in the name of a public assistance authority shall, on the request of the health board, be transferred in the books by the bank, corporation or company into the name of the health board.

(2) Every chose-in-action transferred by the said section 22 to a health board may be sued on, recovered or enforced by the health board in its own name and it shall not be necessary for the board to give notice to the person bound by the chose-in-action of the transfer effected by that section.

(3) Every bond, guarantee or other security of a continuing character made or given by a public assistance authority in pursuance of its functions under the Act of 1939 to another person, or by any person to a public assistance authority in connection with those functions, which was in force immediately before 1st July, 1977, and every contract or agreement in writing in connection with the said functions made between a public assistance authority and another person which was not fully executed and completed before that date shall be construed and have effect as if the name of the health board in whose functional area the functional area of the public assistance authority is included were substituted therein for the name of the public assistance authority, and the security, contract or agreement shall be enforceable by or against the health board accordingly.

221 Transfer of certain officers and enforceability of contracts. [1975 SWA, s. 23]

221.—(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975, shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished.

(2) Every contract of service, express or implied, which—

(a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and

(b) was continued in force by subsection (6) of that section and is in force immediately before the commencement of this Act,

shall continue in force and shall continue to be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly.

(3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate.

222 Transitional provisions. [1975 SWA, s. 25]

222.—(1) The Minister may by regulations make, in respect of any statute, order or regulation in force on 1st July, 1977, and relating to any matter or thing dealt with or affected by this Chapter, any adaptation or modification which appears to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Chapter.

(2) Any proceedings for the recovery of a sum which, if the Social Welfare (Supplementary Welfare Allowances) Act, 1975, had not been passed, could have been taken by a public assistance authority may be taken by the health board in whose functional area the functional area of the public assistance authority was included immediately before 1st July, 1977.

(3) Any proceedings for the enforcement, variation or revocation of an order under section 29 of the Act of 1939 for the payment of money which by virtue of section 220 is payable to a health board may be brought and maintained by the health board.

PART IV Children's Allowances

223 Qualified child. [1946 CA, s. 4; 1973, s. 6]

223.—(1) A child shall be a qualified child (in this Part referred to as a qualified child) for the purposes of children's allowances if—

(a) he is under the age of 16 years, or

(b) having attained the age of 16 years he is under the age of 18 years and—

(i) is receiving full-time instruction by day at any university, college, school or other educational establishment, or

(ii) is an apprentice, or

(iii) is, by reason of physical or mental infirmity, incapable of self-support and likely to remain so incapable for a prolonged period, and

(d) he is not detained in a reformatory or an industrial school and is not undergoing imprisonment or detention in legal custody.

[1965 MP, s. 17]

(2) Notwithstanding subsection (1), a child who resides with his father while the father (being a member of the Defence Forces or the civil service of the Government or the State) is in the service, outside the State, of the Government, the State or an international organisation shall be a qualified child for the purposes of this Part.

224 Qualified persons. [1946 CA, s. 5; 1963 MP, s. 5]

224.—(1) A person with whom a qualified child normally resides shall be qualified for a children's allowance in respect of that child and is in this Part referred to as a qualified person.

(2) For the purpose of subsection (1)—

(a) the Minister may make rules for determining with whom a qualified child shall be regarded as normally residing,

(b) a qualified child shall not be regarded as normally residing with more than one person, and

[1974 (No. 1), s. 8]

(c) where a qualified child is resident in an institution and contributions are made towards the cost of his maintenance in that institution, he shall be regarded as normally residing with the person with whom in accordance with the rules made under paragraph (a) he would be determined to be normally residing if he were not resident in an institution but, where the person with whom he would thus be regarded as normally residing has abandoned or deserted the child, the child shall be regarded as normally residing with the head of the household of which he would normally be a member if he were not resident in an institution.

[1946 CA, s. 5]

(3) Rules made under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution is passed by either House of the Oireachtas within the next subsequent 21 days on which that House has sat after the rules are laid before it annulling the rules, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done under the rules.

[1974 (No. 1), s. 9; S.I. No. 196 of 1974]

(4) Where, immediately before 3rd July, 1974, the mother or stepmother of a qualified child was in receipt of a children's allowance in respect of that child, having been nominated in accordance with regulations made under the Social Welfare (Children's Allowances) Acts, 1944 to 1973, to receive the allowance, she shall on becoming the qualified person in respect of that child be treated as having made the claim for that allowance.

(5) Where, immediately before 3rd July, 1974, a person who was qualified for a children's allowance in respect of a qualified child had not so nominated the mother or step-mother of the child to receive the allowance, that person if he had ceased to be a qualified person at that date shall be treated as having been so nominated by the qualified person to receive the allowance unless and until the qualified person otherwise elects.

225 Amounts of children's allowance. [1946 CA, s. 6; 1980, s. 24]

225.—(1) Subject to this Part and the regulations there-under, a person who is qualified for a children's allowance shall, so long as he remains so qualified, be paid out of moneys provided by the Oireachtas a monthly allowance of the amount set out in column (1) of Part IV of the Fourth Schedule in respect of one qualified child, and, in addition, the amount set out in column (2) of that Part in respect of each qualified child (if any) in excess of one.

[1965 MP, s. 18]

(2) Notwithstanding anything in this Part, the monthly allowance payable to a qualified person in respect of a qualified child whose birth was part of a multiple birth of three or more children of whom not less than three remain qualified shall be double the allowance that would have been payable if this subsection had not been enacted.

[1969 MP, s. 8; 1980, s. 25]

(3) A person who is qualified for a children's allowance under this Part shall, subject to this Part and the regulations made there-under, be paid children's allowances by way of a grant in respect of three or more qualified children where the birth of each of them was part of the same multiple birth, and the amount of the grant shall be £300 if such qualified children are three in number and £400 if they exceed three in number.

(4) A grant under subsection (3) shall become payable on the date of birth of the last-born of the qualified children of the multiple birth.

(5) Payment of a grant under subsection (3) shall be in addition to any children's allowance payable by way of a monthly allowance under this Part in respect of the children concerned.

226 Time limit for payment. [1944 CA, s. 18; 1952 CA, s.6]

226.—A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within 3 months (or, where the Minister so thinks fit, 6 months) after the date on which it has become payable.

227.—(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 social welfare officers for the purposes of this Part.

(2) Every such officer shall investigate into and report to the Minister upon any claim for or in respect of a children's allowance and any question arising on or in relation to a children's allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for a children's allowance or any person in charge of a child in respect of whom the claim is based to furnish him with such information and to produce to him for inspection such documents relative to the claim as such officer may reasonably require.

(3) If any person, being a claimant for a children's allowance or a person in charge of a child in respect of whom the claim is based, fails to furnish to a social welfare officer such information as he is required by this section to furnish to such officer or to produce to a social welfare officer for inspection such documents as he is required by this section to produce to such officer, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

228 Exclusion of children's allowance for superannuation or pension purposes. [1944 CA, s. 15]

228.—Income from a children's allowance shall not be reckoned for the purpose of any abatement provisions in any enactment relating to superannuation or pensions.

229 Repayment of children's allowances overpaid. [1944 CA, s. 11; 1946 CA, s. 12]

229.—(1) If it is found at any time that a person has been in receipt of a children's allowance to which he was not entitled or has been in receipt of a children's allowance at a higher rate than that appropriate to the case, then he or, in case he is dead, his personal representative, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the children's allowance or, as the case may be, a sum representing the difference between a children's allowance at the rate actually paid and a children's allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a children's allowance to which such person subsequently becomes entitled.

(3) Every sum repaid or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom such children's allowance is granted.

230 Payments to appointed persons and absence from State. [1946 CA, s. 6; S.I. No. 143 of 1973]

230.—(1) The Minister may, where it appears to him that the circumstances so warrant, appoint a person to receive and deal with a children's allowance on behalf of an applicant.

(2) The Minister may at any time revoke an appointment made under subsection (1) and any person appointed under that subsection may resign on giving to the Minister one month's notice of his intention to do so.

(3) A person appointed under subsection (1) may receive and deal with a children's allowance on behalf of the applicant and the receipt by such person for any sums paid to him on behalf of the applicant shall be a good discharge to the Minister.

(4) Where a qualified person is for the time being absent from the State, an application on his behalf in respect of a children's allowance may be accepted from such person as the Minister thinks fit.

(5) A children's allowance shall be paid only within the State.

231 Penalty for false statements. [1944 CA, s. 12; 1946 CA, s. 12; 1976 (No. 2), ss. 9, 10, 11]

231.—(1) Every person—

(a) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or

(c) who knowingly obtains or receives any payment on account of a children's allowance which for any reason whatsoever is not payable to him,

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.

(2) A person convicted of an offence under subsection (1) shall be disqualified for the receipt of the children's allowance in respect of which the offence was committed for a period of 6 months immediately following the date of the conviction. This subsection shall not have effect in relation to offences committed prior to 12th July, 1976.

(3) Subsection (1) shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom the children's allowance is granted.

(4) 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 a children's allowance, and

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

[1976 (No. 2), s. 5]

(5) 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.

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

(6) Regulations under this Part 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.

232 Regulations. [1944 CA, s. 20]

232.—(1) The Minister may—

(a) prescribe the manner in which and the times at which children's allowances are to be paid;

(b) prescribe the procedure to be followed on references (which relate to children's allowances) under section 298 and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act(Ireland) 1856 and for excluding the application of any of the other provisions of that Act;

(c) make regulations for enabling a person to whom a children's allowance is payable to nominate another person to receive that allowance on behalf of the first-mentioned person;

(d) make regulations for authorising in such cases as may be specified the payment of any sum by way of children's allowance during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(e) make regulations for providing that, notwithstanding anything contained in section 226—

[1952 CA, s. 6]

(i) in the case of the death of a person who was in receipt of a children's allowance, payment may be made of any sum which became payable within 3 months (or, where the Minister so thinks fit, 6 months) before the date of his death on account of the children's allowance, but has not been paid, and

[1946 CA, s. 12]

(ii) in the case of the death of a person who was qualified for a children's allowance, payment may be made of any sum which, if a claim for the children's allowance had been allowed immediately before his death, would have become payable on account of the children's allowance up to the date of his death;

[1944 CA, s. 20]

(f) make regulations for providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in paragraph (e), and that any such sum may be paid or distributed to or among the persons appearing in 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;

[1952 CA, s. 5]

(g) prescribe the manner in which claims for children's allowances are to be made;

(h) prescribe the dates on which children's allowances, as awarded originally, are to commence to accrue;

(i) prescribe the dates on which children's allowances, as revised from time to time on account of changes of circumstances, are, notwithstanding anything contained in section 300, to take effect;

(j) make regulations for applying any of the provisions of or made under sections 111, 112, 113, 128, 295, 296, 297, 298, 299 and 300 to children's allowances, whether such application is with or without modifications and whether in addition to or in substitution for any provisions of this Part or Part VIII.

(2) Regulations under this section which provide for the payment of children's allowances through the Post Office shall be made with the consent of the Minister for Posts and Telegraphs.

PART V Intermittent Unemployment Insurance

233 Preliminary and General Interpretation. [1942 IU, ss. 2, 6, 7, 8, 9]

233.—(1) In this Part—

“calendar week” means the period of 7 days commencing from midnight between Sunday and Monday;

“the Fund” means the Supplementary Unemployment Fund established under the Insurance (Intermittent Unemployment) Act, 1942;

“inclement weather” means weather that, owing to rain, storm, snow, hail, frost, flood or other adverse climatic condition, renders temporarily unsafe or impracticable the performance of work in an insurable employment, having regard to the health or safety of the persons engaged therein or to the nature or technical requirements of the work;

“insurable employment” has the meaning assigned by section 234;

“insurance year” means such period as may be prescribed;

“insured person” means any person of the age of 16 years or upwards who is employed in insurable employment under a contract of service or apprenticeship, written or oral, whether expressed or implied and whether such person is paid by the employer or some other person, and whether paid by time or by the piece or partly by time and partly by the piece, or otherwise, or without any money payment, but does not include a person employed under a contract of apprenticeship under which no money is payable by the employer, or a person who is for the time being an excepted person within the meaning of section 236 (2);

“intermittent unemployment” means unemployment and consequent loss of wages due to stoppage of work which is unavoidable owing to inclement weather, in an insurable employment and the expression “intermittently unemployed” shall be construed accordingly;

“local office” means an employment exchange or other place appointed by the Minister as a local office;

“local officer” means an officer who for the time being is in charge of a local office; “skilled worker” means—

[S.I. No. 82 of 1955]

(a) as respects employment in the building, civil engineering or painting trades, an insured person who is employed under a contract of service or apprenticeship in—

(i) the capacity of carpenter, joiner, wood-cutting machinist, bricklayer, mason, stonecutter, stonelayer, terrazzo and mosaic worker; floor and wall tiler, plasterer, slater, roof-tiler, painter, paperhanger, decorator, glazier, plumber, heating-fitter, gas-fitter, french-polisher or electrician, or

(ii) such other capacity as the Minister may decide generally or in a particular case to be employment as a skilled worker,

(b) as respects employment in any other trade that is declared by an order made by the Minister under this Part to be insurable employment for the purposes of this Part, an insured person who is employed under a contract of service or apprenticeship in—

(i) a capacity which constitutes such person as a skilled worker as defined by such order, or

(ii) such other capacity as the Minister may decide generally or in a particular case to be employment as a skilled worker;

“unskilled worker” means an insured person who is not a skilled worker;

[1963 MP, s. 17]

“young person” means an insured person who has attained the age of 16 years but has not attained the age of 18 years.

[1942 IU, s. 7; 1963 MP, s. 17]

(2) A person shall not be regarded as a skilled worker or an unskilled worker until the first day after the termination of the insurance year in which he attains the age of 18 years.

[1963 MP, s. 17]

(3) A person who attains the age of 18 years shall be regarded as a young person until the last day of the insurance year in which he attains that age.

[1942 IU, s. 7]

(4) An insured person who is a skilled worker and whose normal occupation alters in such a way as to make him an unskilled worker shall be regarded as a skilled worker until such date as it is proved to the satisfaction of the Minister that the normal occupation of the insured person has so altered.

(5) An insured person who is an unskilled worker and whose normal occupation alters in such a way as to make him a skilled worker shall be regarded as an unskilled worker until such date as it is proved to the satisfaction of the Minister that the normal occupation of the insured person has so altered.

234 Insurable employment. [1942 IU, s. 4; S.I. No. 82 of 1955]

234.—In this Part “insurable employment” means employment by way of manual labour that is either employment in the building, civil engineering or painting trades or employment (in any other trade that is declared by an order made by the Minister under this Part to be insurable employment for the purposes of this Part and is not—

(a) employment in the building trade which is—

(i) under any local or other public authority, in any pensionable office, situation or employment in a permanent capacity, or

(ii) in the military service of the State, or

(iii) employment of unskilled workers and of young persons on works undertaken by or on behalf of the Irish Land Commission for the improvement of lands purchased or agreed to be purchased under the Land Purchase Acts, or

(b) employment in the civil engineering or painting trades which is—

(i) under any local or other public authority, or

(ii) employment of unskilled workers and of young persons on work undertaken for the development of bogs or in the course of the establishment and maintenance of forests, or

(iii) employment by the State on work in the construction, reconstruction, maintenance, alteration, repair or demolition of public roads, or

(iv) employment on works undertaken under the Arterial Drainage Act, 1945, or under the Land Reclamation Act, 1949, or any Acts for the time being in force replacing or amending those Acts, or

(v) employment by the Minister for Posts and Telegraphs on all work in the erection or laying, alteration, repair, painting, decoration or demolition of poles, masts, standards, pylons, wires or cables for telephone, telegraph or radio communication or for broadcasting, or

(vi) employment by Córas Iompair Éireann where no deductions are made from the wages of employed persons on account of time lost owing to inclement weather, or

(vii) employment by the Electricity Supply Board on work carried out directly by the Board in accordance with its statutory functions.

235 Employment in the building, civil engineering and painting trades. [1942 IU, s. 3; S.I. No. 82 of 1955]

235.—(1) In this Part “employment in the building trade” means employment on work of a kind commonly undertaken or carried out by builders or building contractors, and includes employment on work of the following descriptions—

(a) all work in the construction, reconstruction, alteration, repair, painting, decoration or demolition of buildings;

(b) all work in the installation, alteration, fitting, repair, painting, decoration, maintenance or demolition in any building or its site of articles, fittings, pipes, containers, tubes, wires or instruments (including central heating apparatus or machinery or fuel containers connected thereto), for the heating, lighting, power or water supply of such building but excluding work in the construction or laying of public mains for the supply of water, gas or electricity or the connection of buildings and their sites with such mains.

(i) in the clearing and laying out of sites for buildings,

(ii) in the construction of foundations on such sites,

(iii) in the construction, reconstruction, repair and maintenance within such sites of all sewers, drains or other works for use in connection with the sanitation of buildings or the disposal of waste,

(iv) in the erection on such sites of boundary walls or fences for the use, protection or ornamentation of buildings, and

(v) in the making of roads and paths within the boundaries of such sites;

(d) all work in the manufacture, alteration, fitting or repair of articles of wood, worked stone, marble, slate, plaster, cement (including concrete blocks) or of cement-like material, for use in the construction, reconstruction, alteration, fitting, repair, decoration or maintenance of buildings and of a type commonly made in builders' workshops or yards, but excluding—

(i) the manufacture, alteration or repair of any article or monument designed as a memorial to living or dead persons,

(ii) the quarrying and cutting of slate at a quarry,

(iii) the quarrying in rough blocks of marble or stone,

(iv) the manufacture of articles of movable furniture,

(v) the manufacture of articles requiring treatment in an oven or kiln in the process of manufacture,

(vi) the manufacture of sewer pipes, drain pipes, bricks, floor tiles, roof tiles, and

(vii) the manufacture of articles composed wholly or mainly of a combination of cement and asbestos.

(2) “Employment in the civil engineering trade” means employment on work of a kind commonly undertaken or carried out by civil engineering or public works contractors and includes employment on work of the following descriptions—

(a) the construction, reconstruction, alteration, repair, painting, decoration or demolition of—

(i) roads, paths, kerbs, bridges, viaducts, aqueducts, harbours, docks, wharves, piers, jetties, quays, promenades, landing places, lighthouses, beacons, sea defences, airports, railroads, tunnels, tramways or canals,

(ii) waterworks, reservoirs, filter beds, wells, works for the production of gas or electricity, sewage works, public mains for the supply of water, gas or electricity or for the disposal of sewage and all work in the connection of buildings and their sites with such mains,

(iii) river works, dams, weirs, embankments, breakwaters, moles, works for the purpose of land or road or river drainage, land reclamation or the prevention of coastal erosion, and

(iv) sports-grounds, playgrounds, tennis courts, ball alleys, swimming pools and public baths or bathing places in concrete, stone, tarmacadam, asphalt, or such like material;

(b) the erection or laying, alteration, repair, painting, decoration or demolition of poles, masts, standards, pylons, wires or cables for telephone, telegraph or radio communication or for broadcasting; and

(c) ground levelling, ground formation or drainage in connection with the construction or reconstruction of grass sports-grounds, public parks, playing fields, tennis courts, golf links, playgrounds, race courses and greyhound racing tracks, but excluding the sowing of grass seed on such grounds,

(3) “Employment in the painting trade” means employment on work of a kind commonly undertaken or carried out by painting contractors.

236 Excepted persons. [1942 IU, s. 5]

236.—(1) Whenever the Minister is satisfied, in respect of any class of persons employed by a particular employer in an insurable employment, that—

(a) having regard to the normal practice of the employer, the employment of such class of persons is permanent in character, and

(b) no deductions are made on account of time lost owing to inclement weather from the wages of such class of persons, and

(c) the other circumstances of the employment of such class of persons render it unnecessary that persons belonging to such class should be insured under this Part,

he may issue to the employer a certificate (in this Part referred to as a certificate of exception) that he is so satisfied.

(2) Where a certificate of exception in respect of a class of persons has been issued to an employer, then, any person employed by the employer who belongs to such class and who has completed three years or more permanent service with the employer shall, so long as such certificate is in force and he remains in the employment of the employer, be an excepted person for the purposes of this Part, and “excepted persons” shall in this Part be construed accordingly.

(3) The Minister may at any time revoke any certificate of exception.

237 Persons employed by the State. [1942 IU, s. 11]

237.—This Part shall apply to persons employed in insurable employment by the State to whom this Part would apply if the employer were a private person, except to such of those persons as are serving in an established capacity in the permanent service of the State or having been granted certificates by the Civil Service Commissioners are serving a probationary period preliminary to establishment.

238 Extension of meaning of “insurable employment” and “skilled worker”. [1942 IU, s. 15]

238.—(1) The Minister, with the consent of the Minister for Finance, may, whenever and so often as he thinks fit, by order—

(a) declare that employment in any trade (defined in such manner as the Minister thinks fit) shall be insurable employment for the purposes of this Part, and

(b) define, by reference to employment in such capacities as the Minister thinks proper and specifies in the order, the expression “skilled worker” in relation to the employment declared by the order to be insurable employment.

(2) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House.

239 Insured Persons and Contributions Insurance against intermittent unemployment. [1942 IU, s. 16]

239.—Every insured person shall be insured in the manner provided by this Part against intermittent unemployment.

240 Contributions. [1942 IU, s. 17]

240.—The funds required for providing supplementary benefit (within the meaning of section 251 (1)) and for making any other payments that under this Part are to be made out of the Fund shall be derived partly from weekly contributions by insured persons and partly from weekly contributions by the employers of those persons.

241 Liability for contributions. [1942 IU, s. 18]

241.—(1) Every insured person of the classes set out in column (1) of Part I of the Fifth Schedule and every employer of any such insured person shall be liable to pay contributions (in this Part referred to as weekly contributions) weekly at the respective rates set out in columns (2) and (3) of that Part of that Schedule.

(2) Except where otherwise prescribed under this Part, the employer of an insured person shall in the first instance be liable to pay both the weekly contribution payable by himself (in this Part referred to as the employer's contribution) and also on behalf of and to the exclusion of the insured person, the weekly contribution payable by the insured person (in this Part referred to as the insured person's contribution), and for the purposes of this Part weekly contributions paid by an employer on behalf of an insured person shall be deemed to be weekly contributions by the insured person.

(3) A weekly contribution shall be payable for each calendar week during the whole or any part of which an insured person has been employed by an employer, subject however as follows—

(a) where one weekly contribution has been paid in respect of an insured person in any calendar week, no further weekly contribution shall be payable in respect of him for the same calendar week, and

(b) where no services are rendered by an insured person during any calendar week and no remuneration is paid in respect of that calendar week, the employer shall not be liable to pay any weekly contribution either on his own behalf or on behalf of the insured person in respect of that calendar week.

(4) Where a person is employed in any calendar week under the same employer partly in insurable employment and partly in other employment, then, notwithstanding subsection (3), no weekly contribution shall be payable in respect of that person for that calendar week unless half or more than half of the time during which he is so employed is in the insurable employment.

242 Employer's contribution irrecoverable from insured person. [1942 IU, s. 19]

242.—Notwithstanding any contract to the contrary, the employer of an insured person shall not be entitled to deduct from the wages of, or otherwise to recover from, the insured person the employer's contribution.

243 Recovery by employer of insured person's contribution. [1942 IU, s. 20]

243.—(1) Subject to this section and any regulations which the Minister may make under this Part, the employer of an insured person shall be entitled to recover from the insured person in accordance with this section the amount of any weekly contributions paid by him on behalf of the insured person.

(2) Where an insured person receives wages or other pecuniary remuneration from his employer, the amount of any weekly contribution paid by the employer on behalf of the insured person shall, notwithstanding the provisions of any Act or any contract to the contrary, be recoverable by means of deductions from the wages of the insured person or from any other remuneration due from the employer to the insured person and not otherwise, but no such deductions may be made from any wages or remuneration other than such as are paid in respect of the period or part of the period in respect of which the weekly contribution is payable, or in excess of the sum which represents the amount of the weekly contributions for the period in respect of which the wages or other remuneration are paid.

(3) Where a weekly contribution paid by the employer of an insured person on behalf of the insured person is recoverable from the insured person, but is not recoverable by means of deductions under subsection (2), it shall (without prejudice to any other means of recovery) be recoverable as a simple contract debt in a court of competent jurisdiction but no such weekly contribution shall be recoverable unless proceedings for the purpose are instituted within three months from the date when the contribution was payable.

(4) Where an insured person is not paid wages or other money payments by his employer or any other person, the employer shall be liable to pay the weekly contributions payable both by himself and the insured person and shall not be entitled to recover any part thereof from the insured person.

(5) Any sum deducted by an employer from wages or other remuneration under this section shall be deemed to have been entrusted to him for the purpose of paying the weekly contribution in respect of which it was deducted.

244 Persons treated as employers. [1942 IU, s. 21]

244.—Where an insured person is employed by more than one person in any calendar week, the first person employing him in that week shall be deemed to be the employer of the insured person for the purposes of the provisions of this Part relating to the payment of weekly contributions.

245 Dates of payment of contributions. [1942 IU, s. 22; S.I. No. 11 of 1953]

245.—(1) Where it has been decided in accordance with section 271 that weekly contributions under this Part are not payable in respect of any person or class of persons and that decision is subsequently revised or reversed in accordance with sections 295 to 300 or, on appeal, by the High Court, so as to make weekly contributions payable in respect of that person or that class of persons, weekly contributions shall be so payable only as from the date on which the decision was revised or reversed.

(2) Where it has been decided in accordance with section 271 that weekly contributions in respect of a person or class of persons are payable at a particular rate under this Part and that decision is subsequently revised or reversed in accordance with sections 295 to 300 or, on appeal, by the High Court, so as to make weekly contributions payable at another rate in respect of that person or class of persons, weekly contributions shall be so payable at such other rate only as from the date on which the decision was revised or reversed.

246 Repayment of contributions. [1942 IU, s. 23]

246.—Any weekly contributions paid by a person and his employer respectively under the erroneous belief that the weekly contributions were payable in respect of that person under this Part may be returned to them by the Minister on application being made to him in that behalf in such form as he may require before the expiration of 12 months from the date the weekly contributions were paid, subject, in the case of the insured person's contributions, to the deduction of any amount of supplementary benefit received by him to which he would not have been entitled if these weekly contributions had not been paid.

247 Regulations as to payment of contributions by stamps, etc. [1942 IU, s. 24; 1952, s. 122]

247.—(1) The Minister may make regulations providing for any matters incidental to the payment and collection of weekly contributions and in particular for—

(a) the payment of weekly contributions by means of adhesive stamps (in this Part referred to as supplementary insurance stamps) affixed to books or cards (in this Part respectively referred to as supplementary unemployment books and supplementary unemployment cards) or otherwise, and for regulating the manner, times and conditions in, at and under which supplementary insurance stamps are to be affixed or payments are otherwise to be made;

(b) the entry in or upon supplementary unemployment books or cards of particulars of weekly contributions paid in respect of any specified period or of such other particulars as may be required in the case of the persons to whom the supplementary unemployment books or cards relate, and for the acceptance of such entry as sufficient evidence of the number of weekly contributions so paid or of the other particulars so entered;

(c) the application for, and the issue, sale, custody, production and delivery up of supplementary unemployment books or cards and the replacement of supplementary unemployment books or cards which have been lost, destroyed or defaced;

(d) the rendering by employers to the Minister of such particulars relating to persons employed by them as the Minister may require or prescribe.

[1952, s. 122]

(2) Regulations under this section providing for the payment of weekly contributions, at the option of the persons liable to pay, either—

(a) by means of supplementary insurance stamps, or

(b) by some alternative method, the use of which involves greater expense in administration to the departments of State concerned than would be incurred if the contributions were paid by means of supplementary insurance stamps,

may, with the consent of the Minister for Finance, include provision for the payment to the Minister by any person who adopts any alternative method, and for the recovery by the Minister, of the prescribed fees. The Public Offices Fees Act, 1879, shall not apply in respect of such fees and all such fees shall be collected and taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

248 Issue of supplementary insurance stamps. [1942 IU, s. 25]

248.—Supplementary insurance stamps shall be prepared and issued in such manner as the Revenue Commissioners, with the consent of the Minister for Finance, may direct and the said Commissioners may, by regulations, provide for applying, with the necessary adaptations, as respects supplementary insurance stamps, all or any of the provisions, including penal provisions, of sections 21, 35 and 36 of the Inland Revenue Regulation Act, 1890, the Stamp Duties Management Act, 1891, section 9 of the Stamp Act, 1891, and section 65 of the Post Office Act, 1908, and may, with the consent of the Minister for Posts and Telegraphs, provide for the sale of supplementary insurance stamps at Post Offices.

249 Powers of Minister for Posts and Telegraphs in relation to supplementary insurance stamps. [1942 IU, s. 26]

249.—The Government may by order provide that any powers and duties of the Revenue Commissioners with reference to supplementary insurance stamps shall be exercised and performed by the Minister for Posts and Telegraphs, either to the exclusion of the Revenue Commissioners or concurrently with the Revenue Commissioners, and any such order may contain such provisions as appear to the Government to be necessary or expedient for giving full effect to the exercise and performance of the duties to which the order relates in the manner provided by such order.

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

250.—(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 and so deducted under section 243 in respect of a weekly contribution under this Part 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 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 and so deducted under section 243 in respect of a weekly contribution under this Part 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 Fund in priority to the debts specified in section 4 of that Act.

(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.

[1942 IU, s. 27 (3)]

(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 weekly contributions payable by the bankrupt or arranging debtor in respect of insured persons during the 4 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.

251 Supplementary Benefit Right to supplementary benefit. [1942 IU, s. 28]

251.—(1) Every insured person who is intermittently unemployed on any day (other than a Sunday or a public holiday within the meaning of the Holidays (Employees) Act, 1973, or the first day of a spell of insurable employment with the person who was his employer when such intermittent unemployment occurred) and in whose case the conditions in section 253 are fulfilled shall, subject to this Part, be entitled to receive payment (in this Part referred to as supplementary benefit) in respect of each hour of intermittent unemployment occurring on such day during working hours.

(2) Where the duration of a period of intermittent unemployment occurring during working hours on any day is a fraction of an hour only or is one or more hours and a fraction of an hour, supplementary benefit shall not be payable in respect of such fraction of an hour and, for the purposes of this subsection, where two or more periods of intermittent unemployment occur during working hours on any day such periods shall be deemed to be one continuous period:

[1963 MP, s. 18]

Provided that, where the working hours on any day consist of a number of hours and a fraction of an hour (not being less than half-an-hour) supplementary benefit shall be payable in respect of such fraction of an hour where intermittent unemployment occurs during the working hours on that day and extends over the whole of such hours.

(3) In this section “working hours” means, in relation to an insured person, the hours, exclusive of overtime and mealtime, during which, if there was not inclement weather, work in an insurable employment would have been performed by the insured person.

252 Rates of supplementary benefit. [1942 IU, s. 29; 1963 MP, s. 19]

252.—Subject to this Part, supplementary benefit in the case of an insured person of any class set out in column (1) of Part II of the Fifth Schedule shall be at the hourly rate set out in column (2) of that Part opposite the mention of that class: provided that, where supplementary benefit is payable in respect of a fraction of an hour, the amount of supplementary benefit so payable shall be half the appropriate hourly rate.

253 Conditions for receipt of supplementary benefit. [1942 IU, s. 30; 1978 AM, s. 15]

253.—(1) The first condition for the receipt of supplementary benefit in respect of intermittent unemployment by an insured person in any insurance year is that prior to the week in which such intermittent unemployment occurs at least 12 weekly contributions have been paid in respect of him as an insured person since—

(a) in case such insurance year is the first insurance year, the beginning of that insurance year, and

(b) in any other case, the beginning of the insurance year next preceding the insurance year in which the intermittent unemployment occurs.

(2) The second condition for the receipt by an insured person of supplementary benefit in respect of any period of intermittent unemployment is that the person to whom a report relating to that period is sent under section 254 has received the report within three days (or such longer period as the Minister may in a particular case accept) after the day on which the intermittent unemployment occurred and that that person has acknowledged the receipt of such report.

254 Notification of intermittent unemployment. [1942 IU, s. 31]

254.—(1) Where a stoppage of work has occurred on any day and the employer of an insured person or the insured person claims that such stoppage constitutes intermittent unemployment, the employer shall on that day transmit to such person as the Minister may in any particular case direct or, in the absence of such direction, to a local officer a report stating that the stoppage has occurred, the duration thereof and the nature of the weather conditions alleged to have caused it.

(2) Where an insured person claims that he has been intermittently unemployed on any day, he may send to such person as the Minister may in any particular case direct or, in the absence of such direction, to a local officer a report stating that such intermittent unemployment has occurred, the duration thereof and the nature of the weather conditions alleged to have caused it, but this provision shall not be construed as relieving the employer of the insured person of the obligation imposed on him by subsection (1).

(3) Where a person receives a report under this section he shall as soon as may be acknowledge the receipt thereof.

255 Payment of supplementary benefit by employers. [1942 IU, s. 32]

255.—(1) Subject to this Part and to such directions as may be given by the Minister either generally or in any particular case, any amount or amounts of supplementary benefit to which an insured person becomes entitled shall be paid to him by his employer, and the insured person and his employer shall, in respect of each such payment, supply to the Minister such particulars, and complete and transmit such forms, including the insured person's acknowledgment of the amount received by him, as may be prescribed.

(2) An insured person who is not satisfied that the amount of supplementary benefit paid to him by his employer is the amount which he is entitled to receive under this Part or his employer, at his request, shall be entitled to apply to a deciding officer to determine, in accordance with the provisions of this Part relating to the determination of questions as to payment of supplementary benefit, the amount of supplementary benefit to which he is entitled.

(3) Where a local officer or other person to whom a report in relation to the intermittent unemployment of an insured person has been sent in accordance with section 254 sends to the employer of the insured person a notification that he is not satisfied that the stoppage of work to which the report relates was due to inclement weather or that the other provisions of this Part governing the payment of supplementary benefit are fulfilled, or where in any case an employer is in doubt whether supplementary benefit is payable or as to the amount or rate of supplementary benefit payable, the employer shall forthwith apply to a deciding officer to determine the question in accordance with the provisions of this Part relating to determination of questions as to payment of supplementary benefit.

(4) If in any case an insured person has not received payment of any supplementary benefit to which he believes he is entitled under this Part and is not satisfied that the question of his title to receive such benefit has been referred to a deciding officer under subsection (3), he shall be entitled either to request his employer so to refer it or himself to refer the question to a deciding officer for determination.

(5) An employer who receives an insured person's request to refer a question of his title to supplementary benefit for a deciding officer's determination shall, unless he has already done so, forthwith refer the question to a deciding officer for determination.

(6) Where in accordance with subsection (3) or subsection (4) any question has to be referred to a deciding officer, the insured person shall not be entitled to receive payment from his employer under subsection (1) unless and until it is determined by the deciding officer that he is so entitled, and the employer shall not make such payment pending such determination or except in accordance therewith.

256 Payment of supplementary benefit by Minister. [1942 IU, s. 33]

256.—In any special case in which the Minister is of opinion that it would be impossible or unduly burdensome for an employer to pay under this Part the amount of supplementary benefit due to an insured person, the Minister may excuse the employer from the duty of so paying and where an employer is so excused the Minister shall pay or cause to be paid from the Fund any amount of supplementary benefit payable to the insured person by the employer if he were not so excused.

257 Repayment by Minister of benefit paid by employers. [1942 IU, s. 34]

257.—The amount of any supplementary benefit duly paid in accordance with this Part by an employer shall be repaid to him by the Minister out of the Fund on application being made, in such manner as may be prescribed, by the employer for such repayment.

258 Circumstances in which no repayments are to be made to employers. [1942 IU, s. 35]

258.—Whenever an employer makes a payment of supplementary benefit to a person not entitled to receive supplementary benefit under this Part or in excess of the amount to which he was entitled, the amount or the excess so paid shall not be repayable to the employer out of the Fund.

259 Recovery of amounts improperly paid. [1942 IU, s. 36]

259.—(1) Any amount of supplementary benefit received by an insured person from his employer that is not repayable to the employer out of the Fund by reason of section 258 shall be repayable by the insured person to the employer on demand made in that behalf by the employer and, if not so repaid, may be recovered by the employer as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled.

(2) Every payment of supplementary benefit received by an insured person from the Minister that he was not entitled to receive under this Part shall be repayable by him to the Minister on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled.

(3) Where under subsection (2) an amount may be deducted from the supplementary benefit to which an insured person becomes entitled, it shall be the duty of an employer to make such deduction as the Minister may direct from any supplementary benefit payable to the insured person by that employer under this Part and to pay to the Minister any amount or amounts so deducted.

(4) Any amount paid to an employer out of the Fund to which, under this Part, he was not entitled shall be repayable by the employer on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any amount or amounts that subsequently become payable to that employer out of the Fund.

(5) Every sum recovered by or repaid to the Minister under this section shall be paid into the Fund.

260 Notification of amounts improperly paid. [1942 IU, s. 37]

260.—Where it has been determined in accordance with this Part that an amount paid by an employer is not repayable out of the Fund, the employer who paid the amount and the person who received it shall be informed by the deciding officer of the determination.

261 Procedure. [1942 IU, s. 42]

261.—(1) The Minister may—

(a) prescribe the evidence to be required as to the fulfilment of the conditions set out in section 253 and the other provisions of this Part relating to an insured person's title to supplementary benefit, and for that purpose require the attendance of insured persons at such offices or places and at such times as may be required, and require employers to answer inquiries relating to any matters in connection with which information is required to enable an insured person's title to supplementary benefit to be determined;

(b) prescribe the time, manner and form of—

(i) the payment by employers to insured persons of supplementary benefit due to them,

(ii) the repayment out of the Fund to employers of amounts of supplementary benefit paid by them,

(iii) raising questions for determination by deciding officers, and

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.