Social Welfare (Consolidation) Act , 1993

220 Loss of benefit because of employer's default.

[1981, s. 132(1)]

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

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

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

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

[1981, s. 132(2)]

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

[1981, s. 132(3); 1982, s. 10]

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

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

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

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

[1981, s. 132(4)]

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

[1981, s. 132(5)]

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

[1981, s. 132(6)]

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

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

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

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

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

and, if the amount of the assistance is recovered by the Minister from the employer, the sum recoverable by such contributor or other person from the employer under this section shall be reduced by the amount of such assistance.

[1981, s. 132(7)]

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

[1981, s. 2(1)]

(8) In this section “benefit” means benefit under Part II.

221 Information required by Minister.

[1991, s. 28; 1992, s. 48]

221.—For the purposes of controlling and investigating entitlement to any benefit, under this Act or under schemes administered by or on behalf of the Minister, the Minister may require such persons as may be prescribed to provide him with such information in relation to such persons or classes of persons as the Minister may determine and any person so prescribed shall be required to provide such information as may be required.

222 Exchange of information.

[1988, s. 31(1); 1993, s. 38(9)]

222.—(1) Information held by the Minister for the purposes of this Act (including the purpose of collection by the Revenue Commissioners of employment and self-employment contributions) may be transferred by the Minister to the Revenue Commissioners, and information held by the Revenue Commissioners for the purposes of this Act or the Income Tax Acts, relating to employers, the reckonable earnings of employed contributors or reckonable income or reckonable emoluments of self-employed contributors or of any payments made under this Act, may be transferred by the Revenue Commissioners to the Minister.

[1988, s. 31(2); 1993, s. 38(9)]

(2) Information held by the Minister for the purposes of this Act or the control of schemes administered by or on behalf of the Minister or the Department of Social Welfare may be transferred by the Minister to another Minister of the Government or a specified body, and information held by another Minister of the Government or a specified body which is required for the said purposes or the control of any such scheme administered by another Minister of the Government or a specified body may be transferred by that Minister of the Government or the specified body to the Minister.

[1988, s. 31(3)]

(3) In subsection (2) “a specified body” means a local authority (for the purposes of the Local Government Act, 1941), a health board, the Garda Síochána or any other body established—

(a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

223 Personal social services number.

[1993, s. 23(1)]

223.—(1) The Minister may allocate and issue a personal social services number to a person in such manner as he deems fit.

[1993, s. 23(2)]

(2) A claimant or beneficiary under this Act shall be required to furnish to an officer of the Minister such information, as may be prescribed, which is necessary for the allocation and issue of a personal social services number under subsection (1).

[1993, s. 23(3)]

(3) For the purposes of this Act, including the making of a claim for benefit or the payment of any such benefit, a person shall furnish to an officer of the Minister, his personal social services number and that of his spouse, if any, and any child dependant.

[1993, s. 23(4)]

(4) In this section a reference to a personal social services number shall be construed as including a reference to a number known as a revenue and social insurance number.

Proceedings

224 Provisions relating to prosecutions.

[1988, s. 20(1)]

224.—(1) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

[1988, s. 20(2)]

(2) A prosecution for a summary offence under this Act may be brought at the suit of the Minister.

[1988, s. 20(3)]

(3) Notwithstanding the provisions of subsection (1) or any provision in any enactment specifying the period within which proceedings may be commenced, a prosecution for a summary offence under this Act may be brought at any time within whichever of the following periods later expires—

(a) the period of 6 months commencing on the date on which evidence sufficient to justify the institution of that prosecution came into the possession of the Minister, or

(b) the period of 2 years commencing on the date on which the offence was committed.

[1988, s. 20(4)]

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.

[1988, s. 20(5)]

(5) Where in a prosecution for an offence under this Act 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 any benefit, and

(b) that as a result of that application any 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.

[1988, s. 20(6)]

(6) For the purpose of the institution of proceedings under this Act a certificate, purporting to be given by an officer of the Minister authorised in that behalf by the Minister and to be signed by that officer, certifying the following facts, namely, that a person is an officer of the Minister and that he has been authorised under a special or general direction of the Minister to institute such proceedings, or that the Minister has consented to the institution of such proceedings, shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.

[1981, s. 15(4)]

(7) (a) In proceedings instituted by virtue of section 14, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him.

(b) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of section 14.

225 Evidence of records, computer readouts, photocopies, microfilms and copies of original documents in proceedings.

[1989, s. 20(1)]

225.—(1) In this section—

“copy record” means any copy of an original record being a record made for the purposes of or in connection with this Act or schemes administered by the Department of Social Welfare or a copy of that copy made in accordance with either of the methods referred to in subsection (2) and accompanied by the certificate referred to in subsection (3);

“original record” means any document, record, or record of an entry in a document or record or information stored by means of any mechanical or electronic device, whether or not in a legible form, which was made or stored by the Minister or a specified agency for the purposes of or in connection with this Act or schemes administered by the Department of Social Welfare at the time of or shortly after the event recorded and which is in the possession of the Minister or a specified agency;

“provable record” means an original record or a copy record;

“specified agency” means An Post or a person authorised to carry on banking business under section 9 of the Central Bank Act, 1971.

[1989, s. 20(2)]

(2) The Minister or a specified agency may, where by reason of the deterioration of, or inconvenience in storing, or technical obsolescence in the manner of keeping any original record or any copy record, make a legible copy of the record or store information concerning that record otherwise than in a legible form so that the information is capable of being used to make a legible copy of the record, and the Minister or the specified agency may thereupon destroy the original record or the copy record:

Provided that any authorisation required by the National Archives Act, 1986, for such destruction has been granted.

[1989, s. 20(3)]

(3) In any proceedings a certificate signed by an officer of the Minister or a specified agency, as the case may be, stating that a copy record has been made in accordance with the provisions of subsection (2) shall be evidence of the fact of the making of such copy record and that it is a true copy, until the contrary is shown.

[1989, s. 20(4)]

(4) A document purporting to be a certificate under subsection (3) shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

[1989, s. 20(5)]

(5) In any proceedings any provable record may be given in evidence and shall be prima facie evidence of any fact therein stated or event thereby recorded:

Provided that the court is satisfied of the reliability of the system used to make or compile, in the case of an original record, that record, and in the case of a copy record, the original on which it was based.

[1989, s. 20(6)]

(6) Where information contained in a provable record is in a form which would normally not be comprehensible to a person who has no knowledge of that type of information, an explanation of its meaning by a suitably qualified person shall be admissible.

[1989, s. 20(7)]

(7) In any proceedings a certificate signed by an officer of the Minister or a specified agency, as the case may be, stating that a full and detailed search has been made for a provable record of an event in every place where such records are kept by the Minister or the agency, as the case may be, and that no such record has been found shall be prima facie evidence that the event did not happen:

Provided that the court is satisfied—

(a) of the reliability of the system used to compile or make and keep such records,

(b) that, if the event had happened, a record would have been made of it, and

(c) that the system is such that the only reasonable explanation for the absence of a record is that the event did not happen.

[1989, s. 20(8)]

(8) This section shall apply to any original record or to any copy record made before the 26th day of March, 1989, in accordance with either of the methods referred to in subsection (2) but the proviso to that subsection shall not have effect in relation to anything deemed to have been done under that subsection before the commencement of section 7 of the National Archives Act, 1986.

CHAPTER 5 Alienation of Books and Documents

226 Application.

[1981, s. 290; S.I. No. 279 of 1991, A.22]

226.—In this Chapter “a document to which this Chapter 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 is payable to him.

227 Prohibition of alienation of documents.

[1981, s. 291]

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

228 Avoidance of alienation of documents.

[1981, s. 292]

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

229 Return of documents on demand.

[1981, s. 293(1); 1986, s. 17; 1993, s. 39(3)]

229.—(1) Every person who, by virtue of an alienation or purported alienation declared by this Chapter to be void, has in his possession a document to which this Chapter applies shall, in the case of any such document issued in respect of any benefit, on demand by a social welfare inspector forthwith deliver such document to such inspector or, where no such demand is made by a social welfare inspector, on demand by the owner of such document or his duly authorised agent, forthwith deliver such document to such owner or agent.

[1981, s. 293(2); 1993, s. 28(5)]

(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.

[1981, s. 293(3); 1993, s. 39(3)]

(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 inspector.

CHAPTER 6 Miscellaneous Provisions

230 Provisions as to maintenance.

[1981, s. 126]

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

231 Free certificates.

[1981, s. 127(1)]

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

[1981, s. 127(2)]

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

232 Stamp duty.

[1981, s. 302]

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

233 Birth, marriage and death certificates.

[1981, s. 303(1); S.I. No. 278 of 1987, A. 10]

233.—(1) Where, for the purposes of this Act (other than Chapter 11 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 — 70p,

(b) a copy of an entry in a register of deaths — 70p,

(c) a copy of an entry in a register of marriages — 70p,

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

[1981, s. 303(2)]

(2) Where, for the purposes of Chapter 11 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.

[1981, s. 303(3)]

(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.

[1981, s. 303(4)]

(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).

234 Inalienability.

[1981, s. 304; 1986, s. 17(1); S.I. No. 279 of 1991, A. 22]

234.—Subject to this Act, every assignment of or charge on, and every agreement to assign or charge, any benefit shall be void and on the bankruptcy of any person entitled to benefit, shall not pass to any trustee or other person acting on behalf of the creditors.

235 Means for purpose of Debtors Act (Ireland), 1872.

[1981, s. 305; 1981AM, s. 19; 1986, s. 17(1); S.I. No. 279 of 1991, A. 22]

235.—Any sum received by any person by way of benefit shall not be included in calculating that person's means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

236 Exclusion in assessment of damages.

[1981, s. 306(1); 1986, s. 17(1); 1990, s. 13]

236.—(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 24th day of February, 1981, there shall not be taken into account any child benefit, widow's (contributory) pension, orphan's (contributory) allowance, lone parent's allowance in the case of a person who qualifies for such allowance by virtue of being a widow or widower or widow's or orphan's (non-contributory) pension.

[1981, s. 306(2); 1984, s. 12(2); 1986, s. 17(1)]

(2) Subject to sections 75 and 237, 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 to be taken into account any benefit under Part II, widow's or orphan's (non-contributory) pension or child benefit.

237 Taking of disability benefit and invalidity pension into account in assessing certain damages.

[1990, s. 46(1)]

237.—(1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 236, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued.

[1990, s. 46(1)]

(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be construed as a reference to the total damages which would have been recoverable apart from the reduction or limitation.

[1984, s. 12(3); 1990, s. 46(2)]

(3) This section shall apply—

(a) in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, which is required to be covered by an approved policy of insurance, where such action is instituted on or after the 30th day of March, 1984, and

(b) in assessing damages in any other action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, where such action is instituted on or after the 4th day of April, 1990.

[1984, s. 12(1)]

(4) In subsection (3)—

“approved policy of insurance” means a policy of insurance which, by virtue of section 62 of the Road Traffic Act, 1961 (as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975)) is an approved policy of insurance for the purposes of that Act;

“mechanically propelled vehicle” has the meaning assigned by section 3 of the Road Traffic Act, 1961.

238 Reciprocal arrangements.

[1981, s. 307(1); 1986, s. 17(1)]

238.—(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 (non-contributory) and blind pensions, widow's or orphan's (non-contributory) pensions, unemployment assistance and child benefit, and may by any such order make such adaptations of and modifications in respect of these matters as he considers necessary.

[1981, s. 307(2)]

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

239 Administration of social welfare schemes.

[1992, s. 41(1)]

[1992, s. 41(2)]

239.—(1) The Minister may delegate to such persons as may be prescribed, any function in relation to the administration of any benefit as may be prescribed and any such delegation shall be subject to such conditions and in such circumstances as may be prescribed.

(2) Regulations made under this section may apply to the whole State or to a specified part or parts of the State.

240 Budgeting in relation to social welfare payments.

[1991, s. 54(1)]

240.—(1) The Minister may make regulations to provide that where a beneficiary consents, an amount of his benefit, which is determined by consultation and agreement between the Minister and the said beneficiary, may be withheld and paid separately by the Minister to such specified body as may be designated by the beneficiary.

[1991, s. 54(2)]

(2) Regulations made under subsection (1) may, in particular and without prejudice to the generality of that subsection—

(a) provide for the withdrawal of consent by a beneficiary,

(b) provide for the time and manner in which such withdrawal shall take place, and

(c) provide for the adjustment of any amount of benefit as a result of such withdrawal.

[1991, s. 54(3)]

(3) In this section “a specified body” means a local authority (for the purposes of the Local Government Act, 1941), or any other body established—

(a) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(b) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under other enactments, and financed wholly or partly by means of moneys provided or loans made or guaranteed by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

241 Regulations varying rates of benefit or assistance. [1982, s. 9]

241.—(1) Notwithstanding anything in this Act the Minister may by regulations increase temporarily or vary all or any of the rates of benefit (other than child benefit or family income supplement).

[1981, s. 308(2)]

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

242 Effect of means on certain rates of assistance.

[1990, s. 43]

242.—Notwithstanding the provisions of this Act, in the case of a person who is in receipt of any assistance under Part III and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of £2, increase such amount to the next multiple of £2 in respect of such class of person or classes of persons as may be prescribed.

243 Regulations in relation to benefit or assistance.

[1991, s. 59]

243.—The Minister may make regulations in relation to any benefit, and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of this Act.

244 Application of provisions of this Act, etc. by regulations.

[1989, s. 26(1)]

244.—(1) In the case of any section of this Act which confers powers on the Minister to apply by regulations any provisions of this Act to matters referred to in that section, such powers shall be deemed to include powers to apply any provisions of any enactment, whether passed before or after the 26th day of March, 1989, which amends or extends this Act.

[1989, s. 26(2)]

(2) The powers conferred on the Minister under subsection (3) of section 23 of the Housing (Private Rented Dwellings) Act, 1982, in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of this Act shall be deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after the 26th day of March, 1989, which amends or extends this Act.

245 Payment of increases in respect of qualified children.

[1985 (No. 2), s. 19]

245.—The Minister may provide by regulations for the payment of increases in respect of qualified children at the full rate to either parent of the children concerned notwithstanding that each parent is entitled to an increase in benefit in respect of qualified children.

PART VII Decisions, Appeals and Social Welfare Tribunal

CHAPTER 1 Deciding Officers and Decisions by Deciding Officers

Appointment and Functions of Deciding Officers

246 Appointment of deciding officers.

[1981, s. 295]

246.—The Minister may appoint such and so many of his officers 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.

247 Decisions by deciding officers.

[1981, s. 296(1)]

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

[1981, ss. 111(1), 296(2); 1984, s. 27; 1986, s. 17(1); 1988, s. 15; 1993, s. 29; S.I. No. 279 of 1991, A. 22, Sch. A]

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

(a) Part II (social insurance) being a question—

(i) in relation to a claim for benefit,

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

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

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

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

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

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

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

(ix) on any such other matter relating to Part II as may be prescribed,

(x) as to whether an employment is or was an insurable self-employment,

(xi) as to whether a person is or was in insurable self-employment, or

(xii) as to what rate of self-employment contribution is or was payable by a self-employed contributor,

(b) Part III (social assistance) other than Chapter 11(supplementary welfare allowance),

(c) Part IV (child benefit),

(d) Part V (family income supplement), and

(e) Part VI (general provisions relating to social insurance, social assistance and insurability).

[1981, s. 111(2)]

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

Revised Decisions by Deciding Officers

248 Revision of decisions by deciding officers.

[1993, s. 31(1)]

248.—(1) A deciding officer may, at any time—

(a) 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, or

(b) revise any decision of an appeals officer if it appears to him that there has been any relevant change of circumstances which has come to notice 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 of a deciding officer.

[1993, s. 31(1)]

(2) Subsection (1)(a) shall not apply to a decision relating to a matter which is on appeal or reference under sections 250 and 257 unless the revised decision would be in favour of a claimant.

249 Effect of revised decisions by deciding officers.

[1993, s. 31(1)]

249.—A revised decision given by a deciding officer shall take effect as follows—

(a) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision be disallowed or reduced 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, 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) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the deciding officer since the original decision was given, it shall take effect from such date as the deciding officer shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer having regard to the circumstances of the case.

250 Reference by deciding officer to appeals officer.

[1981, s. 298(3)]

250.—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.

CHAPTER 2 Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers

251 Appointment of appeals officers.

[1981, s. 297(1)]

251.—The Minister may appoint such and so many of his officers 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.

Chief Appeals Officer

252 Chief Appeals Officer.

[1981, s. 297(2)]

252.—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.

253 Reference of appeal to High Court by Chief Appeals Officer.

[1990, s. 20(a)]

253.—The Chief Appeals Officer may, where he considers it appropriate, refer any question which has been referred to an appeals officer, other than a question to which section 265 applies, for the decision of the High Court.

254 Annual reports by Chief Appeals Officer.

[1990, s. 20(b)]

254.—(1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

[1990, s. 20(b)]

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

[1990, s. 20(b)]

(3) The Chief Appeals Officer shall, whenever so requested by the Minister, furnish to him information in relation to such matters as he may specify concerning his activities or the activities of appeals officers under this Part.

255 Appointment of assessors by Chief Appeals Officer.

[1981, s. 298 (12)(a); 1990, s. 19(e); 1992, s. 42]

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

(b) The Chief Appeals Officer 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 such manner as he may determine from such panels to so sit when any question which, in the opinion of the Chief Appeals Officer, is appropriate for the assistance of assessors is heard.

256 Other functions of Chief Appeals Officer.

[1990, s. 20(b)]

[1990, s. 20(b)]

256.—(1) The Chief Appeals Officer shall have such other functions in relation to appeals under this Part as may be prescribed.

(2) In this section “functions” includes powers, duties and obligations.

Procedures for Appeals

257 Appeals and references to appeals officers.

[1990, s. 19(a)]

257.—(1) If any person is dissatisfied with the decision given by a deciding officer, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.

[1981, s. 298(4)]

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

[1981, s. 298(5)]

(3) 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.

258 Power to take evidence on oath.

[1981, s. 298(7)]

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

259 Notification to persons to attend and give evidence or produce documents at appeal hearing.

[1981, s. 298(8)]

259.—(1) 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 Part or to produce any documents in his possession, custody or control which relate to any such matter.

[1981, s. 298(9); 1990, s. 19(c)]

(2) A notice under subsection (1) 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 or at his place of business.

[1981, s. 298(10); 1990, s. 19(d)]

(3) A person to whom a notice under subsection (1) 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 £1,000.

[1990, s. 19(f)]

(4) Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required.

260 Procedure where assessor appointed.

[1981, s. 298 (12)(c)]

260.—Any matter referred to an appeals officer under this Part and to be heard by the appeals officer sitting with an assessor appointed under section 255 may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

261 Award of expenses.

[1981, s. 298(11)]

261.—(1) An appeals officer may, in relation to any matter referred to him under this Part, 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.

[1981, s. 298(13)]

(2) The Minister may pay to assessors referred to in section 255 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.

Revised Decisions by Chief Appeals Officer and by Appeals Officers

262 Revision by appeals officer of decisions of appeals officers.

[1993, s. 31(1)]

262.—An appeals officer may, at any 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.

263 Revision by Chief Appeals Officer of decisions of appeals officers.

[1993, s. 31(1)]

263.—The Chief Appeals Officer may, at any 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.

264 Effect of revised decisions by appeals officers.

[1993, s. 31(1)]

264.—A revised decision given by an appeals officer shall take effect as follows—

(a) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision be disallowed or reduced 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 appeals officer, 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) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the appeals officer since the original decision was given, it shall take effect from such date as the appeals officer shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the appeals officer having regard to the circumstances of the case.

265 Decision of appeals officer to be final and conclusive.

[1993, s. 31(2)]

265.—The decision of an appeals officer on any question—

(a) specified in section 247(2)(a)(i), (ii) or (iii), other than a question arising under Chapter 10 of Part II as to whether an accident arose out of and in the course of employment, and

(b) arising under Part III, IV, V, VI, VIII or this Part,

shall, subject to sections 248(1)(b), 262, 263 and 271, be final and conclusive.

CHAPTER 3 Supplementary Welfare Allowance — Determinations and Appeals

266 Determination of entitlement to supplementary welfare allowance.

[1981, s. 204(4)]

266.—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 267, be a function of the chief executive officer (within the meaning of section 13 of the Health Act, 1970) of the health board.

267 Appeals.

[1981, s. 205(1)]

267.—(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.

[1981, s. 205(2)]

(2) The Minister may by regulations made under section 188 provide for the making and determination of appeals under this section.

268 Revision of determinations of entitlement to supplementary welfare allowance.

[1993, s. 31(1)]

268.—An officer of a health board who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time revise any determination of entitlement to such allowance if it appears to him that the determination was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which the determination was given or if it appears to him in a case where an allowance has been payable that there has been any relevant change of circumstances since the determination was given.

269 Effect of revised determinations by officers of health board.

[1993, s. 31(1)]

269.—A revised determination of entitlement to a supplementary welfare allowance given by an officer of a health board shall take effect as follows—

(a) where any supplementary welfare allowance will, by virtue of the revised determination be disallowed or reduced and the revised determination is given owing to the original determination 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 determination took effect, but the original determination may, in the discretion of the officer of the health board, continue to apply to any period covered by the original determination to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) where any supplementary welfare allowance will, by virtue of the revised determination, be disallowed or reduced and the revised determination is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this Act) which have been brought to the notice of the officer of the health board since the original determination was given, it shall take effect from such date as the officer of the health board shall determine having regard to the new facts or new evidence;

(c) in any other case, it shall take effect as from the date considered appropriate by the officer of the health board having regard to the circumstances of the case.

CHAPTER 4 General Provisions Relating to Decisions and Appeals

270 Appeals — oral hearings.

[1990, s. 19(b)]

270.—Notwithstanding section 257(2), where the Minister or a person designated by him considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.

271 Appeals to High Court.

[1981, s. 299 (b); 1993, s. 31(1)]

271.—Any person who is dissatisfied with—

(a) the decision of an appeals officer, or

(b) the revised decision of the Chief Appeals Officer,

on any question, other than a question to which section 265 applies, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.

272 Certificate by deciding officer, appeals officer or officer of health board.

[1981, s. 301]

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

273 Revision to include revision consisting of reversal.

[1993, s. 31(1)]

273.—A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by an officer of a health board includes a reference to a revised decision or determination which reverses the original decision or determination.

CHAPTER 5 Social Welfare Tribunal

274 Application for adjudication by Social Welfare Tribunal.

[1982 (No. 2), s. 1]

274.—Where, in relation to a stoppage of work or a trade dispute, a deciding officer and appeals officer have decided that a person is disqualified under section 47(1) for receiving unemployment benefit or under section 125(3) for receiving unemployment assistance, that person may, notwithstanding any other provision of this Act, apply to the Social Welfare Tribunal (in this Chapter referred to as “the Tribunal”) for an adjudication under this Chapter.

275 Adjudications by Social Welfare Tribunal.

[1982 (No. 2), s. 1; 1987 (No. 2), s. 14(1)]

275.—The following provisions shall apply in relation to an adjudication under this Chapter—

(a) the Tribunal shall, before making the adjudication, take into account all the circumstances of the stoppage of work concerned and of the trade dispute which caused the stoppage of work, including (without prejudice to the generality of the foregoing)—

(i) the question whether the applicant is or was available for work and willing to work, but is or was deprived of his employment through some act or omission on the part of the employer concerned which amounted to unfair or unjust treatment of the applicant,

(ii) the question whether the applicant is or was prevented by the employer from attending for work at his place of employment or was temporarily laid off by the employer, without (in either such case) any reasonable or adequate consultation by the employer with the applicant or with a trade union acting on his behalf, or without (in either case) the use by the employer or by any body acting on his behalf of the services normally availed of by employers in the interests of good industrial relations,

(iii) the question whether any action or decision by the employer, amounting to a worsening of the terms or conditions of employment of the applicant and taken without any or any adequate consultation with, or any or any adequate notice to, the applicant, was a cause of the stoppage of work or of the trade dispute which caused the stoppage of work and was material grounds for such stoppage or such trade dispute,

(iv) the question whether the conduct of the applicant or of a trade union acting on his behalf was reasonable;

(b) the Tribunal shall, having heard such evidence as has been adduced before it, and such representations as have been made to it, by the applicant and the employer and having considered whether the conduct of the applicant or of a trade union acting on his behalf was reasonable and whether the employer or a body acting on his behalf was willing to avail of the services normally availed of in the interests of good industrial relations, decide whether the applicant is or was unreasonably deprived of his employment and whether (if it decides that he is or was so deprived) he shall, notwithstanding the decision under section 47(1) or under section 125(3) of the deciding officer or appeals officer, be qualified to receive unemployment benefit or unemployment assistance and (where appropriate) for what period he shall be so qualified:

Provided that the other conditions for the receipt of such benefit or such assistance are satisfied;

(c) a decision of the Tribunal on an application for an adjudication shall be final and conclusive, but an appeal shall lie to the High Court on a question of law:

Provided that a person interested (including the Minister) may apply to the Tribunal for a review of its decision and, if the Tribunal is satisfied that a material change has occurred in the circumstances of the stoppage of work or of the trade dispute which caused the stoppage of work, or that there is new evidence or new facts which in the opinion of the Tribunal could have affected its decision, it may review its decision and such a review shall be treated as an adjudication under this section.

276 Social Welfare Tribunal.

[1982 (No. 2), s. 1]

276.—(1) There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under this Chapter.

[1982 (No. 2), s. 1]

(2) The Tribunal shall consist of a chairman and four ordinary members.

[1982 (No. 2), s. 1]

(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

[1982 (No. 2), s. 1]

(4) (a) Two ordinary members of the Tribunal shall be persons representative of workers and nominated for appointment as such members by the body known as the Irish Congress of Trade Unions.

(b) The two other ordinary members of the Tribunal shall be persons representative of employers and nominated for appointment as such members by an organisation representative of employers.

[1982 (No. 2), s. 1]

(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.

[1982 (No. 2), s. 1]

(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.

(b) A member of the Tribunal may be removed from office by the Minister.

[1982 (No. 2), s. 1]

(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

[1982 (No. 2), s. 1]

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was so removed from office.

[1982 (No. 2), s. 1]

(9) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.

[1982 (No. 2), s. 1]

(10) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

[1982 (No. 2), s. 1]

(11) (a) The Tribunal, on the hearing of an application under this Chapter, shall have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.

(b) If a person gives false evidence before the Tribunal in such circumstances that, if he had given the evidence before a court, he would be guilty of perjury, he shall be guilty of that offence.

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

(d) A notice under paragraph (c) 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 such person at the address at which he ordinarily resides.

(e) A person to whom a notice under paragraph (c) 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 thereof to a fine not exceeding £100.

[1982 (No. 2), s. 1]

(12) The Minister may make regulations giving effect to this section and such regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters—

(a) the procedure to be followed regarding the making of applications to the Tribunal,

(b) the times and places of hearings by the Tribunal,

(c) the representation of parties attending hearings by the Tribunal,

(d) the procedure regarding the hearing of applications by the Tribunal,

(e) the publication and notification of decisions of the Tribunal,

(f) notices relating to applications or hearings by the Tribunal,

(g) the award by the Tribunal of costs and expenses and the payment of such awards,

(h) an official seal of the Tribunal.

PART VIII OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.

277 Interim payments and suspension of payment.

[1993, s. 31(1)]

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

(a) pending the decision or determination under Part II, III, IV, V, VI, VII, or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, child benefit or family income supplement or of any question affecting any person's right to any such benefit, assistance, child benefit or family income supplement or to receipt thereof or any person's liability for contributions, or

(b) out of the effect of any appeal or revision of any decision or determination under Part II, III, IV, V, VI, VII, or this Part on any such claim or question.

[1993, s. 31(1)]

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

(a) the conditions for the receipt of benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement payable under a decision are or were fulfilled, or

(b) a decision that any such benefit, assistance, child benefit or family income supplement is payable ought to be revised under this section,

he may direct that payment of the said benefit, assistance, child benefit or family income supplement shall be suspended in whole or in part until the question has been decided.

[1993, s. 31(1)]

(3) Where it appears to an officer of a health board who is duly authorised to determine entitlement to supplementary welfare allowance that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of an allowance payable under a determination are or were fulfilled, or

(b) a determination of entitlement ought to be revised under this section,

payment of the supplementary welfare allowance may be suspended in whole or in part until that question has been determined.

278 Overpayments.

[1993, s. 31(1)]

278.—Where, in accordance with the provisions of sections 249, 264 or 269, a decision or determination is varied or reversed by a deciding officer, an appeals officer or an officer of the health board (as the case may be) so as to disallow or reduce any benefit, assistance, child benefit or family income supplement paid or payable to a person—

(a) any benefit paid in pursuance of the original decision shall be repayable to the Social Insurance Fund to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and such person and any other person to whom the benefit was paid on behalf of such person, or the personal representative of such person, shall be liable to pay to the said Fund, on demand made in that behalf by an officer of the Minister, the sum so repayable,

(b) any assistance (other than supplementary welfare allowance under Part III), child benefit or family income supplement paid in pursuance of the original decision shall be repayable to the Minister to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and such person and any other person to whom the said assistance, child benefit or family income supplement (as the case may be) was paid on behalf of such person, or the personal representative of such person, shall be liable to pay to the Minister, on demand made in that behalf by an officer of the Minister, the sum so repayable,

(c) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the health board to the extent to which it would not have been payable if the revised determination had been given in the first instance and such person and any other person to whom the supplementary welfare allowance was paid on behalf of such person, or the personal representative of such person, shall be liable to pay on demand by the health board the sum so repayable.

279 Repayment of benefit, assistance, etc. overpaid.

[1993, s. 31(1)]

279.—Where, in any case, other than a case involving a revised decision or determination in accordance with sections 249, 264 or 269, a person has been—

(a) in receipt of any benefit, assistance, child benefit or family income supplement for any period during which that person was not entitled thereto, or

(b) in receipt of such benefit, assistance, child benefit or supplement at a rate higher than that to which he was entitled,

then that person and any other person to whom such benefit, assistance, child benefit or supplement was paid on behalf of such person, or the personal representative of such person, shall be liable to pay—

(i) to the Social Insurance Fund, in the case of benefit,

(ii) to the Minister, in the case of assistance (other than supplementary welfare allowance), child benefit or family income supplement, and

(iii) to the health board, in the case of supplementary welfare allowance,

on demand any sums paid to that person in respect of the said benefit, assistance, child benefit or supplement during such period or, as the case may be, a sum representing the difference between such benefit, assistance, child benefit or supplement at the rate actually paid and benefit, assistance, child benefit or supplement at the rate to which he was entitled.

280 Distribution of assets.

[1993, s. 34(1)]

280.—(1) The personal representative of a person who was at any time in receipt of assistance shall, not less than 3 months before commencing to distribute the assets of that person—

(a) inform the Minister, by notice in writing delivered to the Minister, of his intention to distribute the assets, and provide the Minister with a schedule of the assets of the estate, and

(b) if requested in writing by the Minister within 3 months of the furnishing of the notice and schedule of assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which may be determined to be due to the Minister or the State (as the case may be) in respect of—

(i) payment of assistance to the person at a time when the person was not entitled to receive such assistance, or

(ii) payment of assistance to the person of an amount in excess of the amount which the person was entitled to receive.

[1993, s. 34(2)]

(2) Notwithstanding any other provision of this Act, for the purposes of determining the sum which is due to the Minister under subsection (1), the means of the deceased person for the period in respect of which assistance was paid to him shall, in the absence of evidence to the contrary, be calculated on the basis that his assets at the time of his death belonged to him for that entire period.

[1993, s. 34(3)]

(3) A personal representative who contravenes subsection (1) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of assistance to the person at a time when the person was not entitled to receive such assistance, or

(b) payments of assistance to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

[1993, s. 34(4)]

(4) Any proceedings to recover assistance due to the Minister as a debt due to the State under subsection (3) of section 281 shall be maintainable against the estate of a deceased person if brought at any time within the period of 2 years commencing on the date on which the notice and the schedule of assets under paragraph (a) of subsection (1) is received by the Minister or within any other period fixed in any other enactment, whichever is the longer.

281 Recovery of sums due by civil proceedings or by deduction from other payments.

[1993, s. 31(1)]

281.—(1) All sums due to the Social Insurance Fund, other than in accordance with section 279, shall be recoverable as debts due to the State and, without prejudice to any other remedy (notwithstanding the assignment by any regulations under section 14(2) to the Collector-General or any other person of any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 20(2) to the Collector-General of any function referred to in that section in relation to self-employment contributions) may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(2) Notwithstanding section 224, or any provision in any other enactment specifying the period within which proceedings may be commenced to recover a debt under statute or simple contract debt, any proceedings for the recovery of any sums due to the Social Insurance Fund by way of employment contributions under section 10(1) or self-employment contributions under section 18(1) may be brought and shall be maintainable at any time.

[1993, s. 31(1)]

(3) All sums due to the Minister, other than in accordance with section 279, under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(4) Every sum repaid to or recovered by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer or the Social Insurance Fund, as appropriate, in such manner as the Minister for Finance shall direct.

[1993, s. 31(1)]

(5) All sums due to a health board under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the health board as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(6) Any benefit or assistance repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any benefit or assistance (except supplementary welfare allowance) to which such person then is or becomes entitled.

[1993, s. 31(1)]

(7) (a) Any child benefit repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of child benefit to which such person then is or becomes entitled.

(b) Any family income supplement repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of family income supplement to which such person then is or becomes entitled.

[1993, s. 31(1)]

(8) The power conferred on the Minister by this section to deduct from any payments on account of benefit, assistance, child benefit or family income supplement to which a person becomes entitled any sums payable by the person to the Minister or the health board under this section, may be exercised, notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister or the health board as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister or the health board under this section, and any costs required by such order to be paid to the Minister or the health board shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister or the health board (as the case may be) under this section.

282 Repayment of amounts due to be deferred, suspended, reduced or cancelled.

[1993, s. 31(1)]

282.—Notwithstanding anything to the contrary, where a person is required to repay an amount of any benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement in accordance with the provisions of this Act, an officer of the Minister authorised by him for this purpose or in the case of supplementary welfare allowance an officer of a health board may, in accordance with such code of practice as shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.

283 Effect of decision for purposes of proceedings.

[1993, s. 31(1)]

283.—In any proceedings for an offence under this Act, or in any proceedings involving any issue related to the payment of contributions, or for the recovery of any sums due to the Minister or the Social Insurance Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the prescribed time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and

(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

PART IX LIABILITY TO MAINTAIN FAMILY

284 Interpretation.

[1989, s. 12(1); 1990, s. 13; 1992, s. 20]

284.—(1) In this Part—

“allowance” means deserted wife's allowance, lone parent's allowance or supplementary welfare allowance;

“antecedent order” means—

(a) an order under section 286 (4),

(b) an order under section 286 (5) (insofar as it is deemed to be an order under section 17 of the Enforcement of Court Orders Act, 1926), or

(c) an order under section 286 (5) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act, 1940);

“attachment of earnings order” means an order under section 287;

“benefit” means deserted wife's benefit;

“competent authority” in relation to deserted wife's benefit, deserted wife's allowance and lone parent's allowance means the Minister, and in relation to supplementary welfare allowance means the health board which granted that allowance to a recipient;

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service),

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“order of the Court” means a maintenance order, a lump sum order, a variation order or an interim order under the Family Law (Maintenance of Spouses and Children) Act, 1976, an order under section 10 of that Act or an order of the Court made on foot of a separation agreement.

[1989, s. 12(1)]

(2) Every reference in this Part to a person who is liable to maintain another person shall be construed as meaning a person who by virtue of section 285 is liable to maintain such other person.

285 Liability to maintain family.

[1989, s. 12(1)]

285.—For the purposes of sections 110, 152, 158 and 171 and without prejudice to any obligations imposed by law or otherwise, the following provisions shall have effect, that is to say—

(a) a man shall be liable to maintain—

(i) his wife, and

(ii) any child of his, being a child who is under the age of 18 years or (save for the purposes of section 171) who is of or over that age and under the age of 21 years, and is receiving full-time education or instruction by day at any university, college, school or other educational establishment,

and

(b) a woman shall be liable to maintain—

(i) her husband, and

(ii) any child of hers, being a child who is under the age of 18 years or (save for the purposes of section 171) who is of or over that age and under the age of 21 years, and is receiving full-time education or instruction by day at any university, college, school or other educational establishment.

286 Contribution towards benefit or allowance.

[1989, s. 12(1)]

286.—(1) Where a benefit or allowance is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to the competent authority such amount as that authority may determine to be appropriate towards such benefit or allowance.

[1989, s. 12(1); 1992, s. 21]

(2) Where a person who is liable to contribute under subsection (1) (subsequently referred to in this Part as “the liable relative”) fails or neglects to contribute, the competent authority may apply to the District Court for an order directing the liable relative to make such contribution towards the benefit or allowance.

[1989, s. 12(1); 1992, s. 21]

(3) The competent authority, before making an application to the District Court under subsection (2), shall serve notice of the application on the liable relative.

[1989, s. 12(1); 1992, s. 21]

(4) Where the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the liable relative had failed or neglected to make the contribution required under subsection (1) and was able to contribute to the benefit or allowance granted, the District Court shall fix the amount of the contribution to be made by the liable relative and shall order the payment thereof to the competent authority by way of such payments as the Court shall think proper.

[1992, s. 21]

(5) An order made by the District Court under subsection (4) shall, for the purposes of its variation or enforcement, be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926, and the said section 17 shall be construed accordingly.

[1992, s. 21]

(6) The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with the provisions of section 5 of the Enforcement of Court Orders Act, 1940, an order made by it under subsection (4) and the said section 5 shall, with any necessary modifications, be construed accordingly:

Provided that any such application made by either party be notified to the other party in advance.

[1992, s. 21]

(7) The District Court may, on application by the competent authority in whose favour an order was made under subsection (4) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act, 1940, proceed in accordance with the provisions of the said section 6.

[1992, s. 21]

(8) The provisions of—

(a) section 4 (1) (inserted by section 3(3) of the Courts (No.2) Act, 1986) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of instalment orders), and

(b) section 5 (4) (inserted by section 3 of the Courts (No.2) Act, 1986) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of variation orders),

shall not apply to orders made under subsection (4) of this section.

287 Attachment of earnings order.

[1992, s. 22]

287.—(1) (a) On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings fall to be paid, make an attachment of earnings order.

(b) References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court.

[1992, s. 22]

(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the liable relative in his employment and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4)(a)) and the protected earnings rate (within the meaning of subsection (4)(b)), from the liable relative's earnings and to pay the amounts deducted at such times as the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order.

[1992, s. 22]

(3) An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order.

[1992, s. 22]

(4) An attachment of earnings order shall—

(a) specify the normal deduction rate, that is to say, the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of—

(i) securing payment of the sums falling due from time to time under the relevant antecedent order, and

(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order,

(b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and

(c) contain, so far as they are known to the District Court, such particulars as it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed.

[1992, s. 22]

(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order.

288 Obligations on employer in relation to attachment of earnings order.

[1992, s. 22]

288.—(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shall be under no liability for non-compliance therewith before 10 days have elapsed since the service.

[1992, s. 22]

(2) Where an attachment of earnings order is served on any person and the liable relative is not in his employment or the liable relative subsequently ceases to be in his employment, that person shall (in either case) within 10 days from the date of service or, as the case may be, the cesser, give notice of that fact to the District Court.

[1992, s. 22]

(3) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a liable relative's earnings, he shall give to the liable relative a statement in writing of the total amount of the deduction.

[1992, s. 22]

(4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the liable relative concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served.

289 Payments under attachment of earnings order.

[1992, s. 22]

289.—Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the competent authority entitled to receive those payments, be deemed to be payments made by the liable relative so as to discharge any sums payable under the relevant antecedent order.

290 Powers of District Court.

[1992, s. 22]

290.—(1) In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force—

(a) order the liable relative to give to the District Court, within a specified period, a statement in writing signed by him containing—

(i) the name and address of any person by whom earnings are paid to him,

(ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and

(iii) specified particulars for enabling the liable relative to be identified by any employer of his, and

(b) order that any person appearing to the District Court to have the liable relative in his employment to give to the Court, within a specified period, a statement signed by that person, or on his behalf, containing specified particulars of the liable relative's earnings and expected earnings.

[1992, s. 22]

(2) Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he shall give to the District Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in paragraph (a) of subsection (1) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.

[1992, s. 22]

(3) In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given.

291 Changes in employment.

[1992, s. 22]

291.—Where an attachment of earnings order is in force—

(a) the liable relative shall notify in writing the District Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than 10 days from the date on which he does so,

(b) the liable relative shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and expected earnings from the relevant employment,

(c) any person who becomes an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within 10 days of his becoming the liable relative's employer or of acquiring that knowledge (whichever is the later), notify the District Court in writing that he is the liable relative's employer, and include in his notification a statement of the liable relative's earnings and expected earnings, and

(d) any person who is an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within 10 days of such occurence notify the competent authority and the District Court in writing of any increase in earnings paid to the liable relative.

292 Determinations by District Court.

[1992, s. 22]

292.—(1) Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions thereof) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.

[1992, s. 22]

(2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but the foregoing provisions of this subsection shall not, unless the District Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.

293 Liable relative in service of State.

[1992, s. 22]

293.—(1) Where a liable relative is in the service of the State, a local authority for the purposes of the Local Government Act, 1941, a harbour authority within the meaning of the Harbours Act, 1946, a health board, a vocational education committee established by the Vocational Education Act, 1930, or a committee of agriculture established by the Agriculture Act, 1931, or is a member of either House of the Oireachtas—

(a) in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered by may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment,

(b) in a case where a liable relative is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his employment,

(c) in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, and

(d) any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate.

[1992, s. 22]

(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance.

[1992, s. 22]

(3) A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.

[1992, s. 22]

(4) In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas.

294 Discharge, variation or lapse of attachment of earnings order.

[1992, s. 22]