Social Welfare (Consolidation) Act , 1981

(iv) the doing of any other thing incidental to the reporting of intermittent unemployment, the acknowledgment of the receipt of reports of intermittent unemployment and the paying of supplementary benefit and the repayment out of the Fund of supplementary benefit paid by employers;

(c) by regulations require employers, insured persons and others to furnish such information as the Minister may consider desirable in connection with payments of supplementary benefit and the occurrence of intermittent unemployment;

(d) prescribe the practice and procedure to be followed on the consideration and examination of questions to be considered and determined by appeals officers and deciding officers;

(e) by regulations provide for the appointment of a person to receive, on behalf of or as representative of a person who becomes of unsound mind or dies, any sums payable out of the Fund to or in respect of him.

(2) Regulations made by the Minister by virtue of subsection (1) (a) shall not be construed as affecting the operation of section 262.

262 Additional methods of fulfilling conditions. [1942 IU, s. 43; 1978 AM, s. 15]

262.—(1) Where supplementary benefit has been paid to an insured person, in respect of any day or part thereof a certificate, in the prescribed form, signed by the insured person or the person who was the employer of the insured person on such day certifying any one or more of the following matters—

(a) that the insured person was intermittently unemployed on such day,

(b) that the hours during which the insured person was intermittently unemployed on such day were working hours,

(c) that such day was not a Sunday or a public holiday within the meaning of the Holidays (Employees) Act, 1973, and

(d) that such day was not the first day of a spell of insurable employment with the person who was the employer of the insured person,

shall, for the purposes of this Part, be sufficient evidence of the facts so certified, unless and until the contrary is shown to be the case.

(2) Where supplementary benefit has been paid to an insured person a certificate, in the prescribed form, by the insured person that he is the rightful holder of a particular supplementary unemployment book or a certificate, in the prescribed form, by the person who was the employer of that person at the time such supplementary benefit was paid that he is satisfied that the insured person is the rightful holder of such book shall, for the purposes of this Part, be sufficient evidence of the identity of that insured person, unless and until the contrary is shown to be the case.

[1952, s. 122]

(3) Where weekly contributions in respect of an insured person are paid by affixing supplementary insurance stamps to his supplementary unemployment book or otherwise, and supplementary benefit has been paid to the insured person in any insurance year, the following provisions shall, for the purposes of the first condition in section 253, have effect—

(a) a certificate, in the prescribed form and containing the prescribed particulars, by the person (in this subsection referred to as the employer) who was the employer of the insured person at the time such supplementary benefit was paid that, prior to the week in which occurred the intermittent unemployment for which such supplementary benefit was paid, a specified number of weekly contributions had been paid for that insured person in respect of such insurance year shall be sufficient evidence of the facts so certified, unless and until the contrary is shown to be the case;

(b) a certificate, in the prescribed form and containing the prescribed particulars, by the employer that there was entered, in accordance with regulations made under section 247 on the current supplementary unemployment book of the insured person a statement that a specified number of weekly contributions had been paid for that insured person in respect of the immediately preceding insurance year shall, unless and until the contrary is shown to be the case, be sufficient evidence that there were paid the number of weekly contributions so certified to be so entered.

263 Restriction on payment of unemployment benefit and unemployment assistance. [1942 IU, s. 44]

263.—Unemployment benefit or unemployment assistance shall not be payable for a day in respect of which or part of which supplementary benefit is paid or payable under this Part.

264 Administration Inspectors. [1942 IU, ss. 48, 49; 1952, Sch. 6]

264.—(1) The Minister may, with the sanction of the Minister for the Public Service, appoint such and so many persons as he thinks fit to be inspectors for the purposes of this Part.

(2) In this Part “inspector” means a person who is either—

(a) a person appointed to be an inspector under subsection (1), or

(b) a person who is an inspector appointed under section 114.

(3) An inspector shall, for the purposes 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 where he has reasonable grounds for supposing that any persons employed in an insurable employment are employed or any records in relation to any such persons are kept;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Part are 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 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 employed 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.

(4) The occupier of any such premises or place and any other person employing any insured person, and the servants and agents of any such occupier or other person, and any employed person shall furnish to any inspector all such information and shall produce for inspection all such registers, books, cards, wages sheets, records of wages and other documents as the inspector may reasonably require.

(5) If any person wilfully delays or obstructs an inspector in the exercise of any power under this section or fails to give such information or to produce such documents as aforesaid, or conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by an inspector, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £5.

(6) No one shall be required under this section to answer any question or give any evidence tending to incriminate himself.

(7) 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 certificate to the occupier.

265 Provisions in relation to excepted persons whose employment is terminated. [1942 IU, s. 50]

265.—Where a person (in this section referred to as the employer) terminates the employment in an insurable employment of a person (in this section referred to as the employee) who immediately before such termination was an excepted person, the following provisions shall have effect—

(a) in case the employee was an excepted person during the 12 weeks immediately preceding such termination, the employer shall pay to the Minister, in respect of those 12 weeks, a sum equal to the amount of the weekly contributions which would, if the employee had not been an excepted person during those 12 weeks, have been payable in respect of the employee under this Part for those 12 weeks;

(b) in case the employee was not an excepted person during the 12 weeks immediately preceding such termination, the employer shall pay to the Minister, in respect of the weeks immediately preceding such termination during which the employee was an excepted person, a sum equivalent to the amount of the weekly contributions which would, if the employee had not been an excepted person during those weeks, have been payable under this Part in respect of the employee for those weeks;

(c) no part of any sum paid by the employer under this section shall be recoverable by the employer from the employee;

(d) any sum payable to the Minister by the employer under this section shall, for the purposes of the other provisions (including penal provisions) of this Part, be deemed to be weekly contributions, and those provisions shall apply accordingly;

(e) any sum recovered by or paid to the Minister under this section shall be paid into the Fund;

(f) any sums recovered by or paid to the Minister under this section in respect of any weeks shall, for the purposes of the first condition in section 253, be deemed to be weekly contributions paid under this Part in respect of the employee for those weeks.

266 Offences, including offences relating to bodies corporate. [1942 IU, s. 51; 1976 (No. 2), s. 8]

266.—(1) (a) If any person—

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

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

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

he shall be guilty of an offence.

(b) If any person, for the purpose of obtaining any supplementary benefit or payment or repayment 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, that 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 supplementary insurance stamps, a supplementary insurance stamp shall be deemed to have been used if it has been affixed to a supplementary unemployment card or supplementary unemployment book or has been cancelled or defaced in any way, and whether or not it has actually been used for the purpose of payment of a weekly contribution.

(2) (a) If any employer fails to pay at or within a prescribed time any weekly 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 weekly contribution which the employer is liable under this Part to pay, and fails to pay at or within a prescribed time the weekly 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.

(4) (a) Where an employer has been convicted under this section of the offence of failing to pay any weekly contributions which he is liable under this Part to pay, he shall be liable to pay to the Fund a sum equal to the amount which he has so 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 weekly 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 Fund a sum equal to the total of all the weekly 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 weekly contributions, and the insured person's portion of these weekly contributions shall not be recoverable by the employer from the insured person.

(5) (a) In any proceedings under this section or under regulations made under this section or involving any question as to the payment of weekly contributions under this Part or the recovery of any sums due to the Fund, section 119 shall apply in like manner, but with the necessary modifications, in relation to a decision under this Part which is relevant to such proceedings.

(b) Section 301 shall apply in relation to a decision made pursuant to this Part or regulations made thereunder.

(6) Any sum that an employer is liable to pay under subsection (4) or any sum due to the Fund for which a court has made an order for payment may, without prejudice to other methods of recovery, be deducted by the Minister from any sums payable out of the Fund to that employer under this Part and any amounts so deducted shall be paid by the Minister into the Fund.

(7) Nothing in this section or in regulations made under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Fund and all such sums shall be recoverable as debts due to the State and without prejudice to any other remedy may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

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

(8) 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.

(9) It shall be a good defence to a prosecution for an offence under subsection (8) 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.

(10) 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.

267 Prosecutions. [1942 IU, s. 52]

267.—(1) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Minister or by an inspector or other officer appointed for the purpose of this Part and authorised in that behalf by special or general directions of the Minister.

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

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

(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.

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

(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 supplementary benefit, and

(b) that as a result of that application such benefit 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.

268 Civil proceedings against employer. [1942 IU, s. 53]

268.—(1) Where any employer has failed or neglected to pay any weekly contributions which under this Part he is liable to pay in respect of any insured person in his employment or has failed or neglected to comply in relation to any such person with any other requirements of this Part and the regulations made thereunder and by reason thereof that person has lost in whole or in part the supplementary benefit to which he would have been entitled under this Part, he shall be entitled to recover from the employer as a simple contract debt a sum equal to the amount of the supplementary benefit so lost.

(2) 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.

269 Continuance, etc., of the Fund. [1942 IU, s. 45]

269.—(1) The Fund shall continue in being under the control and management of the Minister. There shall be paid into the Fund all weekly contributions payable by employers and insured persons and any other moneys required to be so paid under this Part and there shall be paid out of the Fund all payments required to be so made under this Part.

(2) The accounts of the Fund shall be kept in such form as the Minister for Finance may direct or approve.

(3) The accounts of the Fund for every year of account shall be submitted for audit to the Comptroller and Auditor General and when examined and certified shall be laid before each House of the Oireachtas.

(4) Any moneys forming part of the Fund may from time to time be paid over to the Minister for Finance and by him invested and kept invested at his discretion on behalf of the Fund in all or any of the following ways, that is to say, in the purchase of any stock, fund or security in which trustees are authorised by the law for the time being in force to invest trust funds or in the purchase of any stock, shares or security the principal and interest of which are guaranteed under statutory authority by the Government and any interest received from such investment shall be paid into the Fund.

(5) Moneys available for investment under subsection (4) shall be Government moneys within the meaning of the Approved Investments Act, 1933, and that Act shall apply in regard thereto accordingly.

[1942 IU, s. 46]

(6) Whenever and so often as it appears to the Minister that the Fund is or is likely to be either insufficient or more than sufficient to discharge the liabilities imposed or about to be imposed upon the Fund under this Part or that the rates of weekly contributions are or are likely to be excessive or deficient the Minister may by regulations do either or both of the following things—

(a) amend Part I of the Fifth Schedule by substituting for the respective rates of weekly contributions set out in columns (2) and (3) of that Part such other rates of weekly contributions as he thinks fit, but not so as to vary the rates of weekly contributions unequally as between employers and insured persons,

(b) amend Part II of the Fifth Schedule by substituting for the hourly rates of supplementary benefit set out in column (2) of that Part such other hourly rates of supplementary benefit as he thinks fit.

(7) References in subsection (6) to the Fifth Schedule shall be construed as references to that Schedule as amended by any regulations previously made under subsection (6).

270 Advances out of Central Fund. [1942 IU, s. 47]

270.—(1) The Minister for Finance may out of the Central Fund or the growing produce thereof advance any sums required for the purpose of discharging the liabilities of the Fund, and for the purpose of providing the sums to be so advanced the Minister for Finance may borrow money in such manner as he may think proper and all moneys so borrowed shall be paid into the Exchequer.

(2) Any sums advanced under subsection (1) together with interest (if any) thereon at such rate as may be fixed by the Minister for Finance shall be charged on and be repayable out of the Fund and when so repaid shall be paid into the Exchequer.

(3) The principal of and interest on any securities issued by the Minister for Finance for the purpose of borrowing under subsection (1) and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

271 Decisions. [1942 IU, s. 40; S.I. No. 11 of 1953]

271.—Every question arising—

(a) as to whether a stoppage of work in an insurable employment was due to inclement weather; or

(b) as to the fulfilment of the conditions for the receipt of supplementary benefit by an insured person; or

(c) as to the title to supplementary benefit of an insured person or as to the rate or the amount of such benefit; or

(d) as to the title of an employer to repayment from the Fund; or

(e) as to the fulfilment of any provision of sections 251 to 263 relating to payment of supplementary benefit or to repayment from the Fund; or

(f) as to whether any employment or any class of employment is, was or will be such employment as to make the person employed therein an insured person within the meaning of this Part or whether a person is or was an insured person within the meaning of this Part; or

(g) as to whether an insured person is or was a skilled worker or an unskilled worker or a young person within the meaning of this Part; or

(h) as to who is or was the employer of any insured person; or

(i) as to the rate of weekly contribution to be paid under this Part in respect of an insured person; or

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

shall be decided by a deciding officer.

272 Application of administration provisions. [1952, s. 123]

272.—Regulations may apply any of the provisions of or made under sections 111, 112, 113, 128, 295, 296, 297, 298, 299and 300 to insurance against intermittent unemployment, and any such application may be either with or without modifications and either in addition to or in substitution for existing provisions of this Part and sections 295 to 300.

PART VI School Meals and Fuel Schemes

CHAPTER 1 School Meals (National Schools)

273 Interpretation. [1914 PM, s. 5; 1930 PM, ss. 1, 2]

273.—In this Chapter—

“local authority” means any body which is—

(a) the corporation of a county borough,

(b) the corporation of a borough other than a county borough,

(c) the council of an urban district, or

(d) the commissioners of a town;

[1914 PM, s. 5]

“child” includes any child in attendance at a national school.

274 Power of local authority to provide meals. [1914 PM, s. 1]

274.—(1) A local authority may take such steps as it thinks fit for the provision of meals for children in attendance at any national school in its area, and for that purpose—

(a) may associate with itself any committee on which the local authority is represented which will undertake to provide food for those children (in this Chapter called a “school meals committee”); and

(b) may aid that committee by furnishing such building, furniture and apparatus and such officers and servants as may be necessary for the organisation, preparation and serving of such meals;

but, save as hereinafter provided, the local authority shall not incur any expense in respect of the purchase of food to be supplied at such meals.

[1975, s. 18]

(2) Where a local authority is satisfied that not less than one-half of the children attending a national school situated outside the authority's functional area reside either in that area or outside that area but in dwellings owned or provided by the authority, the local authority may determine that this Chapter shall apply to that national school as if it were situated in the authority's functional area.

(3) A local authority may revoke a determination under subsection (2).

(4) The making or revoking of a determination under subsection (2) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and for the purposes of the Acts relating to the management of county boroughs.

275 Recovery of cost of meals. [1914 PM, s. 2]

275.—(1) There shall be charged to the parent of every child in respect of every meal furnished to that child under this Chapter such an amount as may be determined by the local authority and, in the event of payment not being made by the parent, it shall be the duty of the authority, unless it is satisfied that the parent is unable by reason of circumstances other than his own default to pay the amount, to require the payment of that amount from that parent, and any such amount may be recovered as a simple contract debt in any court of competent jurisdiction.

(2) The local authority shall pay over to the school meals committee so much of any money paid to it by, or recovered from, any parent as may be determined by the authority to represent the cost of the food furnished by the committee to the child of that parent, less a reasonable deduction in respect of the expenses of recovering such money.

276 Power of local authority to defray cost of food in certain cases. [1914 PM, s 3; 1957 MP, s. 3]

276.—(1) Where a local authority resolves that any of the children attending a national school within its area are unable by reason of lack of food to take full advantage of the education provided for them, and has ascertained that funds other than public funds are not available or are insufficient in amount to defray the cost of food furnished in meals under this Chapter, it may apply to the Minister, and he may, notwithstanding anything in section 274 (1) or 275, authorise it to provide free of charge, or to meet the whole or part of the cost of the provision free of charge of, meals for those children attending that school.

[1917 PM, s. 1; 1957 MP, s. 3]

(2) A local authority may be authorised to spend out of the rates such sums as may be necessary to meet expenses incurred pursuant to an authorisation under subsection (1).

[S.R. & O. No. 329 of 1947]

(3) Where a local authority in any area spends out of the rates any sums for expenses incurred pursuant to an authorisation under subsection (1), an amount not exceeding one-half of the sums so expended shall be paid to the local authority out of moneys provided by the Oireachtas, subject to regulations to be made by the Minister for the purpose of securing that the arrangements for the provision of meals are adequate and are carried out efficiently.

277 Provision of meals on days when schools do not meet. [1917 PM, s. 1]

277.—The powers of a local authority under this Chapter shall be exercisable in respect of children attending a national school within its area both on days when the school meets and on other days.

278 Exemption of teachers from duties. [1914 PM, s. 6]

278.—A teacher employed in a national school shall not be required as part of his duties to supervise or assist, or to abstain from supervising or assisting, in the provision of meals, or in the collection of the cost thereof.

CHAPTER 2 Meals (other than in National Schools)

279 General powers of local authorities. [1957 MP, s. 2]

279.—(1) The corporation of a county borough may provide meals (other than meals in national schools) for such persons as they think fit and for that purpose may—

(a) provide food for the meals,

(b) provide such depots, accommodation, apparatus, equipment and service as may be necessary for the preparation cooking and distribution of the food, and

(c) take such other steps as in their opinion are necessary for or incidental to the provision of the meals.

(2) The corporation of a county borough may exercise the powers conferred on them by this section either directly or in association or by arrangement with any other person or body.

(3) The corporation of a county borough may charge such amounts as they think proper for meals provided by them under this section.

(4) The corporation of a county borough shall not provide meals under this section save during such period or periods as the Minister may direct in relation to the corporation.

(5) The powers conferred by this section on the corporation of a county borough shall not be exercised save in accordance with a scheme or schemes made by the corporation and approved of by the Minister.

(6) Any such scheme may, in particular, contain provisions specifying the persons for whom meals may be provided and the circumstances in which meals may be supplied.

CHAPTER 3 School Meals (Gaeltacht)

280 Interpretation. [1930 SMG, s. 1; 1940 CM, s. 36]

280.—In this Chapter—

“county council” means a county council established under section 1 of the Local Government (Ireland) Act, 1898;

“Gaeltacht area” when used in relation to a county council means such portions of the Gaeltacht as are included in the county health district of such council;

“food” has the meaning assigned to it by the Sale of Food and Drugs Acts, 1875 to 1936;

[1930 SMG. s.2]

the Gaeltacht comprises the district electoral divisions set out in section 288.

281 Application. [1930 SMG, s 3]

281.—This Chapter applies to every county council whose county health district is wholly or partly situate in the Gaeltacht, as set out in section 288.

282 Authority to provide meals. [1930 SMG, s. 4]

282.—Every county council to which this Chapter applies may, subject to this Chapter, provide meals for children attending national schools in the Gaeltacht area of such council and for that purpose may do the following things—

(a) provide food for such meals;

(b) provide such accommodation, apparatus, equipment and service as may be necessary for the preparation and distribution of such food;

(c) take such other steps as in the opinion of such council are necessary for or incidental to the provision of such meals.

283 Appointment of committees. [1930 SMG, s. 5]

283.—(1) A county council to which this Chapter applies may from time to time appoint such and so many committees as it thinks proper for the exercise and performance of the powers and duties conferred and imposed on it by this Chapter which in the opinion of such council can be better or more conveniently exercised and performed by a committee.

(2) A committee appointed under this section by a county council may, at the discretion of such council, consist exclusively of persons who are members of such council or partly of persons who are and partly of persons who are not members of such council.

(3) The acts of every committee of a county council appointed under this section shall be subject to confirmation by such council save where such council, with the sanction of the Minister, dispenses with the necessity for such confirmation.

284 Exemption of teachers from duties. [1930 SMG, s.7]

284.—A teacher employed in a national school in the Gaeltacht shall not, as part of his duties as such teacher, be required to supervise or assist, or to abstain from supervising or assisting, in the provision of any meals under this Chapter.

285 Payments in aid to county councils. [1930 SMG, s. 9]

285.—(1) The Minister may, out of moneys to be provided by the Oireachtas, pay, in respect of any local financial year and in accordance with regulations made under this Chapter, to a county council to which this Chapter applies and which provides meals during such year under and in accordance with this Chapter and regulations made thereunder, a sum not exceeding whichever of the following amounts is the less towards the expenses incurred by such council in such year in providing food under this Chapter—

(a) one-half of such expenses, or

(b) a sum which bears to the sum of £10,000 the same proportion as the number of children certified by the Minister for Education under this section to have attended national schools in the Gaeltacht area, of such council during the prescribed period for such year bears to the number of children certified by that Minister to have attended national schools in the Gaeltacht during that period.

(2) For the purposes of the certificates of the Minister for Education referred to in subsection (1) (b) the following provisions shall have effect—

(a) that Minister shall prescribe in relation to every local financial year a period of 12 months which shall be the prescribed period for such year, and

(b) the number of children attending any school or schools shall be ascertained and calculated in such manner as that Minister shall think proper.

[1933 SMG, s.2]

(3) Where the sum of £10,000 exceeds the total grants made under subsection (1) in respect of any local financial year, and there is in relation to any council a deficiency in respect of such year, the following provisions shall have effect—

(a) in case there is a deficiency in relation to one council only in respect of such year, the Minister may, out of moneys provided by the Oireachtas, pay to that council a sum not exceeding whichever of the following amounts is the less—

(i) an amount equal to the excess, or

(ii) an amount equal to the deficiency;

(b) in case there are deficiencies in relation to two or more councils in respect of such year, and the excess is not less than the total of the deficiencies, the Minister may, out of moneys provided by the Oireachtas, pay to each such council a sum not exceeding the amount of the deficiency in relation to such council in respect of such year;

(c) in case there are deficiencies in relation to two or more councils in respect of such year and the excess is less than the total of the deficiencies, the Minister may, out of moneys provided by the Oireachtas, pay to each such council a sum which bears to the excess the same proportion as the deficiency in relation to such council in respect of such year bears to the total of the deficiencies in relation to all such councils in respect of such year.

(4) Any moneys paid under subsection (3) to a council in respect of a local financial year shall be so paid by way of increase of the grant made under subsection (1) to that council in respect of such year.

[1933 SMG, s. 1]

(5) Where a grant has been made under subsection (1) to a council in respect of any local financial year and the amount of the grant is less than one-half of the expenses incurred by the council in such year in providing food under this Chapter, the difference between the grant and such one-half shall for the purposes of this Chapter be the deficiency in relation to the council in respect of such year.

286 Regulations. [1930 SMG, s. 11; 1933 SMG, s. 3]

286.—The Minister may make regulations for all or any of the following purposes—

(a) securing the adequacy and efficiency of the arrangements made by county councils for providing meals under this Chapter;

(b) fixing the manner of accounting by county councils in relation to expenses incurred by them in providing food under this Chapter;

(c) fixing the times at which and the manner in which sums payable under this Chapter by the Minister to county councils are to be paid.

287 Expenses of county councils. [1930 SMG, s. 8]

287.—All expenses incurred by a county council to which this Chapter applies in carrying this Chapter into effect shall, so far as such expenses are not met by grants by the Minister under this Chapter, be deemed to be expenses incurred by it under the Local Government (Sanitary Services) Acts, 1878 to 1964.

288 The Gacltacht. [1930 SMG, s. 2, Sch.]

288.—The following district electoral divisions shall comprise the Gaeltacht for the purposes of this Chapter—

IN THE COUNTY OF CORK.
Adrigole	Kilcaskan
IN THE COUNTY OF DONEGAL.
---	---	---
Annagary	Dunlewy	Largymore
Aran	Fintown	Lettermacaward
Ardara	Glencolumbkille	Maas
Binbane	Glengesh	Magheraclogher
Bonnyglen	Glenleheen	Maghery
Cross Roads	Glenties	Malinbeg
Crovehy	Gortahork	Meenaclady
Crowkeeragh	Graffy	Mulmosog
Crownarad	Inishkeel	Rutland
Dawros	Kilcar	Tieveskeelta
Doocharry	Kilgoly
Dunglow	Killybegs
IN THE COUNTY OF GALWAY.
---	---	---
Ballynakill (Clifden R.D)	Derrylea Doonloughan	Letterbrickaun Letterfore
Bencorr	Errislannan	Lettermore
Bunowen	Gorumna	Moyrus
Camus	Illion	Owengowla
Cleggan	Inishbofin	Rinvyle
Clifden	Inishmore	Ross
Cloonbur Cong	Kilcummin (Galway R.D)	Roundstone Selerna
Crumpaun Cur	Kilcummin (Oughterard R.D)	Sillerna Skannive
Cushkillary	Killannin	Spiddle
Derrycunlagh	Knockboy	Turlough
IN THE COUNTY OF KERRY.
---	---	---
Bahaghs	Darrynane	Lickeen
Ballinskelligs	Derriana	Loughcurrane
Ballybrack	Dunquin	Marhin
Brandon	Dunurlin	Mastergeehy
Caher	Emlagh	Portmagee
Caherdaniel	Glanbehy	St. Finan's
Canuig	Killinane	Teeranearagh
Castlequin	Kilmalkedar	Valencia
Cloghane	Kilquane	Ventry
IN THE COUNTY OF MAYO.
---	---	---
Achill	Belmullet	Knockadaff
An Geata Mór Thuaidh	Clare Island	Knocknalower
An Geata Mór Theas	Corraun Achill	Muingnabo
Ballycroy North	Dooega	Muings
Ballycroy South	Glenamoy	Rath Hill
Bangor	Glencastle	Sheskin
Barroosky	Glenco	Slievemore
Beldergmore	Goolamore

CHAPTER 4 Fuel Scheme

289 Cheap fuel scheme. [1957 MP, s. 4]

289.—(1) In this Chapter—

“cheap fuel scheme” means a scheme approved of by the Minister for the provision of fuel for specified categories of persons;

“timber” means timber (including growing timber) suitable for use as, or for conversion into, firewood;

“urban authority” means any body which is—

(a) the corporation of a county borough,

(b) the corporation of a borough other than a county borough,

(c) the council of an urban district, or

(d) the commissioners of a town.

(2) For the purposes of a cheap fuel scheme made by an urban authority, that authority may—

(a) acquire by agreement any timber or turf,

(b) by direct labour or contract, fell any timber so acquired,

(c) by direct labour or contract, convert or partly convert any timber so acquired into firewood, and

(d) transport, store, sell or dispose of any timber or turf so acquired.

(3) Nothing in subsection (2) shall be construed as restricting the operation of the Forestry Acts, 1946 to 1976.

PART VII Alienation of Books and Documents

290 Application. [1932 PB, s. 1; 1952, s. 63; S.I. No. 168 of 1977]

290.—In this Part “a document to which this Part applies” means every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any benefit, assistance or a children's allowance under this Act is payable to him.

291 Prohibition of alienation of documents. [1932 PB, s. 2]

291.—Every person who buys, takes in exchange or takes in pawn any document to which this Part applies shall be guilty of an offence under this section.

292 Avoidance of alienation of documents. [1932 PB, s. 3]

292.—Every alienation or purported alienation of a document to which this Part applies, whether made by way of sale, exchange or hypothecation shall be and be deemed always to have been void and of no effect.

293 Return of documents on demand. [1932 PB, s. 4]

293.—(1) Every person who, by virtue of an alienation or purported alienation declared by this Part to be void, has in his possession a document to which this Part applies shall, in the case of any such document issued in respect of any benefit, assistance or a children's allowance payable under this Act, on demand by a social welfare officer forthwith deliver such document to such officer or, where no such demand is made by a social welfare officer, on demand by the owner of such document or his duly authorised agent, forthwith deliver such document to such owner or agent.

(2) Every person who, on a demand being made on him under this section, fails to deliver in accordance with this section a document which he is required by this section so to deliver shall be guilty of an offence under this section.

(3) Where a person is convicted of an offence under this section the court by which he is so convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the document in respect of which the offence was committed to the owner thereof or, where appropriate, to a social welfare officer.

294 Punishment for offences. [1932 PB, s.5; 1976 (No. 2), s.9]

294.—Every person who is guilty of an offence under any section of this Part 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.

PART VIII Decisions, Appeals and Miscellaneous

295 Decisions and Appeals Deciding officers. [1952, s. 41]

295.—The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.

296 Decisions by deciding officers. [1952, s. 42; S.I. No. of 9 of 1953; S.I. No. 11 of 1953]

296.—(1) Subject to this Part and in accordance with any relevant regulations, every question to which this section applies shall be decided by a deciding officer.

(2) This section applies to every question arising under—

(a) Part II (social insurance), being a question referred to in section 111,

(b) Part III (social assistance) other than Chapter 3 (old age pension) except as provided by section 162 (2) and Chapter 6 (supplementary welfare allowance),

(c) Part IV (children's allowance), and

(d) Part V (intermittent unemployment insurance), being a question referred to in section 271.

297 Appeals officers. [1952, s. 43]

297.—(1) The Minister may appoint from his officers such and so many persons as he thinks proper to be appeals officers for the purposes of this Act, except the provisions relating to supplementary welfare allowance, and every person so appointed shall hold office as an appeals officer during the pleasure of the Minister.

(2) One of the appeals officers shall be designated by the Minister to be the Chief Appeals Officer and another of them shall be designated by the Minister to act as the deputy for the Chief Appeals Officer when that Officer is not available.

(3) The Chief Appeals Officer shall be responsible for the distribution amongst the appeals officers of the references to them and for the prompt consideration of such references.

298 Appeals and references to appeals officers. [1952, s. 44; 1908 OAP, s. 7(1) (c); S.I. No. 9 of 1953]

298.—(1) If any person is dissatisfied with the decision given by a deciding officer or by a local pension committee the question shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.

[1908 OAP, s. 7(1) (d); S.I. No. 9 of 1953]

(2) If any person, including a social welfare officer, is aggrieved by the refusal or neglect of a local pension committee to consider a claim for an old age pension or a blind pension or to determine any question referred to them, that person may submit the matter to the Minister who may, if he considers that the local pension committee have refused or neglected to consider and determine the claim or question within a reasonable time, refer the claim or question to the Chief Appeals Officer to be determined in the same manner as on an appeal from the decision of the local pension committee.

(3) A deciding officer may, if he so thinks proper, instead of deciding it himself, refer in the prescribed manner any question which falls to be decided by him to an appeals officer.

(4) Regulations may provide for the procedure to be followed on appeals and references under this section.

(5) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.

[1966 OI, s. 38]

(6) The decision of an appeals officer on any question—

(a) specified in section 111 (1) (a) (b) or (c), other than a question arising under Chapter 5 of Part II as to whether an accident arose out of and in the course of employment, or

(b) arising under Part III or IV, or

(c) specified in section 271 (a) (b) (c) (d) or (e),

shall, subject to section 300 (3) and 300 (4), be final and conclusive.

(7) An appeals officer shall, on the hearing of any matter referred to him under this section, have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at such hearing.

(8) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter.

(9) A notice under subsection (8) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides.

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

(10) A person to whom a notice under subsection (8) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(11) An appeals officer may, in relation to any matter referred to him under this section, award to any person any costs or expenses (including expenses representing loss of remunerative time) which he considers reasonable, and the award shall be payable by the Minister.

(12) (a) The Minister may appoint any person whom he considers suitable to sit as an assessor with an appeals officer when any question which appears to the Minister to require the assistance of assessors is heard.

(b) The Minister may constitute, on the basis of districts or otherwise as he considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the prescribed manner from such panels to so sit when any question which is of a class prescribed as being appropriate for the assistance of assessors is heard.

(c) Any matter referred to an appeals officer under this section and to be heard by the appeals officer sitting with any such assessor may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

(13) The Minister may pay to assessors referred to in subsection (12) such amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.

299 Appeals to High Court. [1952, s. 45; 1966 OI, s. 38]

299.—Where any question other than a question to which section 298 (6) applies is referred to an appeals officer—

(a) the Minister may, on the request of the Chief Appeals Officer, refer the question for the decision of the High Court, and

(b) if the question is decided by an appeals officer, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.

300 Revision of decisions. [1952, s. 46; S.I. No. 9 of 1953]

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

(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 unless the revised decision would be in favour of a claimant.

(3) An appeals officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given.

(4) The Chief Appeals Officer may, at any time and from time to time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts, and, save where the question is a question to which section 298 (6) applies, any person who is dissatisfied with the revised decision may appeal therefrom to the High Court on any question of law.

(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows—

(a) where any benefit (including supplementary benefit under Part V), assistance or a children's allowance will, by virtue of the revised decision, be disallowed or reduced or a qualification certificate under Chapter 2 of Part III is revoked and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be), continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be), but—

(i) any payment of benefit (including supplementary benefit under Part V) already made at the date of the revision shall (without prejudice to its being treated, in accordance with regulations for the purposes of section 113 (2) (b), as paid on account of another benefit) not be affected, and

(ii) any payment of any assistance or children's allowance already made at the date of the revision shall not be affected, though it may be treated as paid on account of other assistance or children's allowance or on account of benefit (other than supplementary benefit under Part V) where it is decided that such other assistance, allowance or benefit was properly payable.

[S.I. No. 305 of 1953]

(6) Where it appears to the Minister that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of assistance (other than a supplementary welfare allowance under Part III) or a children's allowance payable under a decision are or were fulfilled, or

(b) a decision that such assistance or such allowance is payable ought to be revised under this section,

he may direct that payment of the assistance or allowance shall be suspended in whole or in part until the question has been decided.

(7) Where, in accordance with the provisions of this Act—

[S.I. No. 127 of 1963]

(a) a decision is varied or reversed by a deciding officer, a local pension committee or an appeals officer so as to disallow or reduce assistance (other than a supplementary welfare allowance under Part III) or a children's allowance paid or payable to a person, and

(b) the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact,

any such assistance or children's allowance repayable in pursuance of the revised decision may, without prejudice to any other method of recovery and in addition to the existing powers of recovery under this Act, be recovered by deduction from either benefit (except maternity benefit, orphan's (contributory) allowance or supplementary benefit under Part V) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled.

(8) A reference in this section to revision includes a reference to revision consisting of a reversal.

301 Certificate by deciding or appeals officer. [1952, s. 56; 1946 CA, s. 8]

301.—A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer or an appeals officer and to be signed by him shall be prima facie evidence of the making of that decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

302 Miscellaneous Stamp duty. [1933 UA, s. 32; 1937 WOPS, s. 29; 1942 IU, s. 55; 1946 CA, s. 11; 1952, s. 51; S.I. No. 168 of 1977]

302.—Stamp duty shall not be chargeable upon any document by which any payment, refund, repayment or return pursuant to this Act is made.

303 Birth, marriage and death certificates. [1933 UA, s. 31; 1935 WOPS, s. 59; 1942 IU, s. 54; 1944 CA, s. 13; 1948, s. 8; 1952, s. 50; S.I. No. 61 of 1953; S.I. No. 384 of 1952]

303.—(1) Where, for the purposes of this Act (other than Chapter 6 of Part III), the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health, be entitled to obtain, on payment of the fee set out therefor—

(a) a copy of an entry in a register of birth—five pence,

(b) a copy of an entry in a register of deaths—seven and one-half pence,

(c) a copy of an entry in a register of marriages—seven and one-half pence,

certified under the hand of the registrar or superintendent registrar or other person having the custody thereof.

[S.I. No. 168 of 1977]

(2) Where, for the purposes of Chapter 6 of Part III or regulations made under that Chapter, the age, marriage or death of any person is required to be proved by the production of a certificate of birth, marriage or death, any person shall, on presenting a written request in such form and containing such particulars as may be directed by the Minister for Health, be entitled free of charge to obtain a certified copy of the entry of the birth, marriage or death (as the case may be) of that person in the register of births, marriages or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof.

(3) Forms for the purposes of subsections (1) and (2) shall be supplied on request without any charge by every registrar of births and deaths and by every superintendent registrar or other person having the custody of the register.

(4) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations alter the fees set out in subsection (1).

304 Inalienability. [1908 OAP, s. 6; 1933 UA, s. 23; 1935 WOPS, s. 62; 1944 CA, s. 16; 1952. s. 33; S.I. No. 168 of 1977]

304.—Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit or assistance or a children's allowance shall be void and on the bankruptcy of any person entitled to benefit or assistance or allowance, the benefit or assistance or allowance (as the case may be) shall not pass to any trustee or other person acting on behalf of the creditors.

305 Means for purpose of Debtors Acts (Ireland), 1872. [1935 WOPS, s. 62; 1944 CA, s.16; 1952, s. 33; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974, 168 of 1977]

305.—Any sum received by any person by way of benefit, children's allowance or assistance with the exception of assistance under Chapters 2 and 3 of Part III shall not be included in calculating that person's means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

306 Exclusion in assessment of damages. [1935 WOPS, s. 60; 1944 CA, s. 14; 1952, s. 34]

306.—(1) In assessing damages in any action under the Fatal Injuries Act, 1956, or Part IV of the Civil Liability Act, 1961, whether commenced before or after the passing of this Act, there shall not be taken into account any children's allowance, widow's (contributory) pension, orphan's (contributory) allowance or widow's or orphan's (non-contributory) pension.

(2) Subject to section 68, in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1) (a) (ii) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rule 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934, there shall not be taken into account any benefit under Part II, widow's or orphan's (non-contributory) pension or children's allowance.

307 Reciprocal arrangements. [1966 MP, s. 15; 1977, s. 22]

307.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other State or Government or the proper authority under any other Government, in respect of matters relating to insurance and benefits under Part II, old age and blind pensions, widow's or orphan's (non-contributory) pensions, unemployment assistance and children's allowances, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.

(2) The Minister may by order amend or revoke an order under this section.

308 Regulations varying rates of benefit or assistance. [1975, s. 16; 1975 SWA, s. 10]

308.—(1) Notwithstanding anything in this Act or in any regulations made under this Act, the Minister may by regulations vary all or any of the rates of benefit, allowance, pension or assistance.

(2) Regulations under subsection (1) shall not so vary the rate of any benefit, allowance, pension or assistance as to reduce the amount of the rate payable at the commencement of the regulations.

309 Regulations securing continuity of certain provisions repealed, amended, etc. [1978 AM, s. 20]

309.—The Minister may make regulations for the purpose of securing the continuity of the provisions of the Social Welfare (Amendment) Act, 1978, contained in this Act, with any provision repealed or amended by that Act or otherwise for the preservation of rights conferred under or by virtue of any of those provisions. Without prejudice to the generality of the foregoing, regulations under this section may provide for the manner in which contributions paid or credited in respect of any period before the commencement of any provision of the Social Welfare (Amendment) Act, 1978, shall be taken into account for the purpose of determining entitlement to any benefit under this Act after such commencement.

PART IX Commencement, Repeals and Continuance

310 Commencement and repeals.

310.—Subject to this Part, this Act shall come into operation on such day as the Minister by order appoints, and the enactments mentioned in the Sixth Schedule (which enactments are in this Act referred to as repealed enactments) are hereby repealed to the extent mentioned in the third column of that Schedule as from that day: provided that the provisions of the repealed enactments shall continue to apply to benefit, assistance and the miscellaneous schemes under Parts IV, V and VI prior to the commencement of this Act to the same extent that they would have applied thereto if this Act had not been passed.

311 Continuity of repealed enactments.

311.—The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

312 Continuance of instruments, officers and documents.

312.—(1) All officers appointed under the repealed enactments and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

(2) All instruments and documents made or issued under the repealed enactments and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.

313 Superannuation of certain officers. [1950, s. 7]

313.—(1) For the purposes of this section “the Society” means Cumann an Árachais Náisiúnta ar Shláinte.

(2) Where a person was immediately before 1st August, 1950, an officer or employee of the Society and, pursuant to section 7 of the Social Welfare Act, 1950, was appointed to a situation in the civil service of the Government, notwithstanding anything contained in any other enactment, he shall, for the purposes of the Superannuation Acts, 1834 to 1963, be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.

(3) Where a person to whom subsection (2) applies was a member of the pension fund under the pension scheme established consequent on the report made pursuant to paragraph (d) of section 10 of the National Health Insurance Act, 1933, such of his service under the Society and of his previous service (if any) under an approved society as, but for Part II of the Social Welfare Act, 1950, would have been reckonable as pensionable service for the purpose of that scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1963.

(4) In any application of the Superannuation Acts, 1834 to 1963, to a female person to whom subsection (3) applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.

FIRST SCHEDULE Employments and Excepted Employments

PART I Employments

[1952, Sch. 1]

(a) as master or a member of the crew of—

(i) any ship registered in the State, or

(ii) any other ship or vessel of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State, or

(b) as captain or a member of the crew of—

(i) any aircraft registered in the State, or

(ii) any other aircraft of which the owner, or, if there is more than one owner, the managing owner or manager, resides or has his principal place of business in the State.

[1960 MP, s. 14]

[S.I. No 373 of 1952]

[1960 MP, s. 14]

[S.I. No. 51 of 1968]

[1972, s. 15]

[1974 (No. 3), s. 2]

(a) is remunerated by stipend, salary or similar payment, and

(b) is a member of a class of persons in respect of which the Minister is satisfied and so certifies that an appropriate authority or body acting on behalf of the members of that class has represented to him in writing that the services rendered or duties performed by the persons in that class and the conditions of appointment and other relevant circumstances pertaining thereto are such that having regard to other occupations which are insurable employments, it is unreasonable that the employment of members of that class should not be insurable employment.

PART II Excepted Employments

[S.I. No. 373 of 1952]

(a) as a coroner or a deputy coroner;

(b) as a public analyst;

(c) as a superintendent registrar or registrar of births, deaths and marriages or as a deputy, assistant or interim superintendent registrar or registrar in such matters;

(d) in the execution of contracts (not being employment within the meaning of the previous subparagraphs of this paragraph) other than

(i) contracts of service or apprenticeship;

(ii) contracts for services where the employment is of one person and is by way of manual labour and personal service is given by the employed person.

[1974 (No. 3), s. 2]

[S.I. No. 373 of 1952]

[S.I. No. 51 of 1968]

(a) the employment involves attendance for less than 18 hours in a contribution week, or

(b) the person employed is not mainly dependent for his livelihood on the earnings derived by him from such employment.

SECOND SCHEDULE [1980, ss.15, 20,21] Rates of Benefits

Part I [1952, Sc] Rates of Benefits and Increases Thereof

Description of benefit	Weekly rate	Increase for adult dependant (where payable)	Increase for qualified child or for each of two qualified children (where payable)	Increase for each qualified child in excess of two (where payable)	Increase for prescribed relative under section 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2) (where payable)	Increase where the person has attained pension-able age and is living alone (where payable)
(1)	(2)	(3)	(4)	(5)	(6)	(7)
1 (A) Disability Benefit and unemployment Benefit:	£	£	£	£	£	£
(a) in the case of persons over the age of 18 years—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or a married woman entitled to an increase for a qualified child or qualified children or for a husband	20.45	13.25	5.95	4.90	—	—
(ii) for any other married woman	18.00	—	—	—	—	—
(b) in the case of persons under the age of 18 years—
(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant	20.45	13.25	5.95	4.90	—	—
(ii) where the person is not so entitled	18.00	—	—	—	—	—
(B) Reduced rates of Unemployment Benefit:
(a) person entitled to an increase in respect of a qualified child but not entitled to an increase in respect of an adult dependant	17.20	—	5.30	4.10	—	—
(b) any other person	17.00	12.25	5.30	4.10	—	—
2. Maternity Allowance	20.45	—	—	—	—	—
3. Injury Benefit:
(a) in the case of persons over the age of 18 years—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband or a married woman entitled to an increase for a qualified child or qualified children or for a husband	28.20	13.25	5.95	4.90	—	—
(ii) for any other married woman	22.30	—	—	—	—	—
(b) in the case of persons under the age of 18 years—	—	—	—	—	—	—
(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant	28.20	13.25	5.95	4.90	—	—
(ii) where the person is not so entitled	22.30	—	—	—	—	—
4. Death Benefit:
(a) Pension payable to a widow (section 50(2)) or widower (section 50 (6))	28.55	—	7.50	7.50	—	1.65
(b) Pension payable to a parent, the deceased having been at death a married person	12.70	—	—	—	—	1.65
(c) Pension payable to a parent, the deceased having been at death a widower, widow or a single person—
(i) where the parent is the father and was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable	28.55	—	—	—	—	1.65
(ii) where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow	28.55	—	—	—	—	1.65
(iii) where the parent is the mother, not being a widow, and a pension at the rate set out at reference 4 (c) (i) in this Part is not payable to her husband	28.55	—	—	—	—	1.65
(iv) in any other case	12.70	—	—	—	—	1.65
(d) Pension payable to an orphan	17.10	—	—	—	—	—
5. Old Age (Contributory) Pension and Retirement Pension:
(a) in the case of persons under the age of 80 years	24.50	15.65	6.40	5.30	11.75	1.65
(b) in any other case	26.25	15.65	6.40	5.50	11.75	1.65
(c) additional increase for an adult dependant who has attained pension-able age	—	2.65	—	—	—	—
6. Invalidity Pension:
(a) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband	22.05	14.30	6.40	5.30	11.75	1.65
(b) for any other married woman	19.40	—	—	—	11.75	1.65
7. Widows (Contributory) Pension and Deserted Wife's Benefit:
(a) in the case of persons under the age of 80 years	22.50	—	7.50	7.50	11.75	1.65
(b) in any other case	24.05	—	7.50	7.50	11.75	1.65
8. Orphan's (Contributory) Allowance	16 15	—	—	—	—	—

Part II [1980, s. 20]

	£
1. Disablement Benefit:
Maximum gratuity	2,040
2. Death Benefit:
(i) Widower's gratuity	1,489
(ii) Grant in respect of funeral expenses	175

Part III

Degree of disablement			Weekly rate (persons over 18 years)	Weekly rate (persons under 18 years and certain married women)
(1)			(2)	(3)
			£	£
100	per	cent	29.40	23.25
90	”	”	26.46	20.92
80	”	”	23.52	18.59
70	”	”	20.58	16.26
60	”	”	17.64	13.93
50	”	”	14.70	11.60
40	”	”	11.76	9.27
30	”	”	8.82	6.94
20	”	”	5.88	4.61

PART IV Increases of Disablement Pension

	£
1. Increase where the person is permanently incapable of work:
(a) in the case of persons over the age of 18 years—
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband	20.45
(ii) for any other married woman	18.00
(b) in the case of persons under the age of 18 years—
(i) where the person is entitled to an increase for a qualified child or qualified children or for an adult dependant	20.45
(ii) where the person is not so entitled	18.00
2. Increase where the beneficiary requires constant attendance:
(a) limit of increase except in cases of exceptionally severe disablement	11.75
(b) limit in any case	23.50

PART V

(a) In the case of persons over the age of 18 years—	£
(i) for a man, single woman or widow, married woman living apart from and unable to obtain any financial assistance from her husband, or a married woman entitled to an increase for a qualified child or qualified children or for a husband	5.88
(ii) for any other married woman	4.61
(b) In the case of persons under the age of 18 years
(i) where the person is entitled to an increase for a qualified child or for an adult dependant or, if a disablement pension is payable, would be so entitled if injury benefit rather than disablement pension was payable	5.88
(ii) where the person is not, or would not be, so entitled	4.61

PART VI [1978, s. 14 (3); 1980, s. 15] Amounts of Maternity and Death Grants

Description of grant (1)	Amount (2)
	£
1. Maternity Grant	8
2. Death Grant:
(a) in case the deceased person was a qualified child under the age of 5 years	15
(b) in case the deceased person was any other qualified child	45
(c) in any other case	75

THIRD SCHEDULE Rules as to Calculation of Menus