SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

• (5) Notwithstanding the provisions of subsection (5) or any other provisions of this Act under which amounts of benefit (other than child benefit) may be recovered, the amount recovered by the Minister, in any case may not exceed the amount of benefit received by the employee which he was not entitled to receive.

[1993, s. 27]

• (6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with such regulations and, where such offences are provided for, a person guilty of any such offence shall be liable on summary conviction to the penalties provided for in section 218(1)(a).

[1993, s. 27]

• (7) Where an offence under this Act is committed by a body corporate and, in the case of an offence under subsection (1), where the offence is committed by an employee or officer of the body corporate, and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any wilful neglect on the part of any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

[1993, s. 27]

• (8) It shall be a defence to a prosecution for an offence under subsection (7) 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.

[1993, s. 27]

• (9) Any summons or other document required to be served for the purpose of proceedings under this Act 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.

[1993, s. 33(1)]

• (10) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or, if no such investigation has taken place, since the date of making the claim, the person shall, within such period as may be prescribed, give or cause to be given to the Minister notification in writing of the increase.

[1993, s. 33(2)]

• (11) A person who fails or neglects to comply with the provisions of subsection (10) shall be guilty of an offence.

214 Offences in relation to employment contributions.

[1993, s. 27]

214.—(1) If an employer—

• (a) fails to pay at or within a prescribed time any employment contribution which he is liable under Part II to pay,

• (b) 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,

• (c) makes a deduction from the remuneration of a person in respect of any employment contribution which the employer is liable under Part II to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made, or

[1990, s. 9]

• (d) adjusts the method of payment of reckonable earnings to an employed contributor who was employed in consecutive weeks in order to ensure that the employed contributor is exempted in any week from the employment contribution payable under section 10(1) (b)(i) by virtue of section 10(7)(a) and regulations made thereunder,

the employer shall be guilty of an offence.

[1993, s. 27]

• (2) An employer, or a servant or agent acting on behalf of such employer, who, for the purpose of evading or reducing the amount of his liability in respect of employment contributions which he is liable to pay under Part II and which he has not paid—

• (a) knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any material fact, or

• (b) 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,

shall be guilty of an offence.

[1987 (No. 2), s. 6]

• (3) Where records are required to be kept by employers under, regulations made under section 14(5) in so far as they relate to the recording of payment of earnings and the periods to which such earnings refer such records shall be recorded at or before the time of payment of such earnings.

[1993, s. 28(2)]

• (4) A person who fails to comply with subsection (3) shall be guilty of an offence.

[1993, s. 27]

• (5) A person who is guilty of an offence under this section (other than an offence under subsection (1)(d)) shall be liable—

• (a) on summary conviction, to the penalties provided in section 218(1)(a), or

• (b) on conviction on indictment, to a fine not exceeding £10,000 or such amount as is equivalent to twice the amount so unpaid or deducted, whichever is the greater, or to imprisonment for a term not exceeding 3 years, or to both.

[1990, s. 9]

• (6) A person who is guilty of an offence under subsection (1)(d) shall be liable on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine not exceeding £10,000.

[1993, s. 27]

• (7)
• (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he is liable under Part II to pay, he shall be liable to pay to the Social Insurance Fund a sum equal to the amount which he has failed to pay and, on such conviction, if notice of the intention to do so has been served with the summons or warrant, evidence may be given of the failure on the part of the employer to pay other employment contributions in respect of the same person during the 3 years preceding the date when the notice was so served, and on proof of such failure the court may order the employer to pay to the Social Insurance Fund a sum equal to the total of all the employment contributions which he is so proved to have failed to pay, and the employer's right of appeal against the conviction under the section shall include a right to appeal against such an order.

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

[1993, s. 27]

• (8) Nothing in this section or in regulations under this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Social Insurance Fund.

215 Notification by employer, etc. of commencement of employment.

[1989, s. 19]

215.—(1) The Minister may require—

• (a) an employer or any other person to notify him of the date of the commencement of the employment of—

• (i) any person in his employment,

• (ii) any person engaged by him under a contract for service to perform a service, or

• (b) a person engaged under a contract for service to perform a service to notify him of the date on which any person was engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.

[1987 (No. 2), s. 2]

• (2) The circumstances in which notification may be required under subsection (1) and the manner of that notification shall be prescribed in regulations.

[1993, s. 28(3)]

• (3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence.

216 Information to be furnished by employers to Minister.

[1993, s. 27]

216.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such particulars, including particulars as to periods of employment, as are required by the Minister to enable determination or review of a claim to any benefit by or in respect of that person.

[1993, s. 27]

• (2) Regulations may specify the particulars which an employer shall furnish under subsection (1) and prescribe the manner in which such particulars shall be so furnished.

[1993, s. 27]

• (3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.

217 Application of Probation of Offenders Act, 1907.

[1993, s. 27]

217.—Where—

• (a) (i) the employer of an employed contributor is charged with an offence in relation to payment of employment contributions in respect of that contributor, or

• (ii) a person is charged under this Act with an offence in relation to the receipt of any benefit,

and

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

the court shall not make such order until it is satisfied that all arrears in respect of such contributions have been paid by such employer or any amounts due to be repaid in respect of such benefit have been repaid.

218 Penalties.

[1993, s. 28(1)]

218.—(1) Except where otherwise provided for, a person guilty of an offence under this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 3 years, or to both.

• (2) Where a person, after conviction of an offence under this Act continues to contravene the provision concerned, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding £200 or, on conviction on indictment, not exceeding £2,000.

Miscellaneous Control Provisions

219 Failure to keep records.

[1991, s. 29(1)]

219.—(1) Where an employer has failed to keep records under regulations made under section 14(5) or has failed to make a notification under regulations made under section 215 and an employee of the employer receives payment, due wholly or partly by reason of that failure, of disability benefit, unemployment benefit, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance or family income supplement which he was not entitled to receive in respect of any day on which he was in the employment of the said employer, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and that sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(2)]

• (2) It shall be presumed until the contrary is proved that any payment aforesaid was made wholly or partly by reason of the employer's failure to keep the said records or to make the said notification referred to in subsection (1).

[1991, s. 29(3)]

• (3) Where there is a material difference between any document issued by an employer, his servant or agent to an employee and any other document furnished to the Minister or to the Collector-General and an employee, wholly or partly as a result of that difference, receives benefit or assistance to which he was not entitled, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and such sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(4)]

• (4) For the purposes of subsection (3) an employee shall include the employee's spouse and any other member of the employee's household whose entitlement to benefit or assistance is regulated or adjusted by the income of the employee.

[1991, s. 29(5)]

• (5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit, assistance or supplement received by the employee which he was not entitled to receive.

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.