Social Welfare Consolidation Act 2005

Type Act

Publication 2005-11-27

Last updated 2026-01-21

State In force

Source Irish Statute Book

articles 542

(2) Where a person is in receipt of or entitled to a continued payment and would but for subsection (1) be qualified for the receipt of F1294[working family payment], the person may be paid the F1294[working family payment] for any period during which the rate of supplement payable would be greater than the rate of continued payment and the Minister may reduce any such supplement which is or may become payable to that person by the amount of the continued payment which shall be treated as having been paid on account of the F1294[working family payment].

238. Regulations. [1996 s7(1)]

238.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

[1996 s7(1)]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), require employers to give such information as the Minister may require for the purpose of determining a claim for a continued payment.

238A. F1296[Definitions

238A.In this Part—

‘employment’means insurable employment but does not include participation in a qualifying scheme;

‘qualifying payment’means an allowance payable to a person participating in a qualifying scheme where, immediately before such participation commenced, the person was in receipt of—

(a) jobseeker’s benefit,F1297[…]

F1298[(aa) jobseeker’s benefit (self-employed), or]

(b) jobseeker’s allowance, other than jobseeker’s allowance payable in accordance withsection 148A;

‘qualifying scheme’means—

(a) a scheme administered by the Minister and known as—

(i) Community Employment,

(ii) Tús,

(iii) Rural Social Scheme,

(iv) Gateway, or

(v) the national internship scheme,

(b) an approved course of training, or

(i) scheme or programme of employment or work experience, or

(ii) course of education, training or development;

‘relevant payment’means an allowance payable to a person participating in a qualifying scheme where, immediately before such participation commenced, the person was in receipt of—

(a) one-parent familyF1299[payment,]

(b) jobseeker’s allowance payable in accordance withF1300[section 148A,]

F1301[(c) blind pension, or

(d) disability allowance;]

‘self-employment’means insurable self-employment.]

238B. F1302[Entitlement to dividend

238B.(1) Subject to this Act, a personF1303[…]shall be entitled to a dividend (in this Act referred to as‘back to work family dividend’) where—

(a) on or after 5 January 2015F1304[…], the person ceases to claim or ceases to be entitled to—

(i) jobseeker’s benefit,F1305[jobseeker’s benefit (self-employed),]jobseeker’s allowance,F1306[blind pension, disability allowance,]a qualifying payment or a relevant payment, by reason of that person or, where appropriate, that person’s spouse, civil partner or cohabitant—

(I) being in employment or self-employment, or

(II) commencing employment or self-employment within 4 weeks of the date on which that person ceased to claim or ceased to be entitled to the benefit, allowance or payment concerned,

(ii) one-parent family payment by reason of—

(I) that person being in employment or self-employment,

(II) that person commencing employment or self-employment within 4 weeks of the date on which he or she ceased to claim or ceased to be entitled to that payment,

(III) the youngest child having attained the age specified inparagraph (b)of the definition of‘relevant age’insection 172(1)and that person being in employment or self-employment at the date on which he or she ceased to claim or ceased to be entitled to that payment, or

(IV)section 178B,178Cor178Dno longer applying to that person and that person being in employment or self- employment on the date on which he or she ceased to claim or ceased to be entitled to that payment,

(b) immediately before the date on which the person ceased to claim or ceased to be entitled to a benefit, allowance or payment specified inparagraph (a), the person was in receipt of—

(i) an increase in jobseeker’s benefit,F1307[jobseekers benefit (self-employed),]jobseeker’s allowanceF1308[, blind pension, disability allowance]or one-parent family payment in respect of at least one qualified child who normally resides with that person, or

(ii) an increase in a qualifying payment or a relevant payment in respect of a child which corresponds to an increase referred to inF1309[subparagraph (i),]

(i) jobseeker’s benefit,

F1310[(ia) jobseekers benefit (self-employed),]

(ii) jobseeker’s allowance, other than jobseeker’s allowance payable in accordance withsection 148A, or

(iii) a qualifying payment,

F1311[the person has, immediately before the date on which he or she ceased to claim or ceased to be entitled to the benefit, allowance or payment concerned, in any continuous period of unemployment been in receipt of such benefit, allowance or payment in respect of—

(i) not less than 312 days of unemployment, of which not less than 156 days of unemployment have occurred in the 12 month period commencingF1312[immediately before that date,]

(ii) a number of days such that when combined with days spent in receipt of the Covid-19 pandemic unemployment payment the total shall not be less than 312 days, of which not less than 156 days of unemployment have occurred in the 12 month period commencingF1313[immediately before that date, or]]

F1314[(iii) a number of days such that when combined with days spent in receipt of jobseeker’s pay-related benefit the total shall not be less than 312 days, of which not less than 156 days of unemployment have occurred in the 12 month period commencing immediately before that date, and]

F1315[(d) he or she—

(i) is under pensionable age, or

(ii) is a person born on or after 1 January 1958 who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory).]

(2) Not more than one back to work family dividend shall be paid in respect of a couple.

(3) Subject tosubsection (4), a person shall not be entitled to back to work family dividend where that person or, where appropriate, that person’s spouse, civil partner or cohabitant—

(a) is in receipt of—

F1316[(i) any benefit specified inparagraphs (a)to(k)ofsection 39(1), other than maternity benefit payable in accordance withChapter 9ofPart 2, health and safety benefit payable in accordance withChapter 10ofPart 2, adoptive benefit payable in accordance withChapter 11ofPart 2, paternity benefit payable in accordance withF1317[Chapter 11AofPart 2, parent’s benefit payable in accordance withChapter 11BofPart 2], disablement benefit payable in accordance withsection 75and death benefit by way of a grant in respect of funeral expenses payable in accordance withsection 84,]

(ii) any assistance specified insection 139(1), other than guardian’s payment (non-contributory) payable in accordance withsection 168,F1318[bereaved parent grant], domiciliary care allowance, a weekly or monthly payment payable in accordance withsection 198and supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance withsection 200,201,202or206, or

(iii) a continued payment for qualified children payable in accordance withPart 7,

(b) participates in a qualifying scheme, or

(4) Where, but forsubsection (3), back to work family dividend would be payable to a person in a period of incapacity for work in respect of which illness benefit or injury benefit would also be payable to that person or, where appropriate, to his or her spouse, civil partner or cohabitant, the dividend shall be payable to that person for that part of the period of incapacity for work which does not exceed 36 days.

(5) A person shall not be entitled to back to work family dividend under this Part unless he or she is habitually resident in the State.

(6) In this section—

‘continuous period of unemployment’shall—

(a) in relation to jobseeker’s benefitF1319[,jobseekers benefit (self-employed),]and jobseeker’s allowance, be construed in accordance with section 141(3), and

(b) in relation to a qualifying payment, be construed in accordance withsection 141(3), subject to the modification that a reference to unemployment shall be construed as a reference to participation in a qualifying scheme;

‘couple’means—

(a) a married couple who are living together,

(b) both civil partners of the same civil partnership who are living together, or

238C. F1320[Duration of dividend

238C.(1) Subject to this Act, back to work family dividend shall be paid for a maximum period of 104 weeks.

(2) Where back to work family dividend ceases to be paid to a person before the end of the period specified insubsection (1), the dividend may, subject tosubsection (3)F1321[…], be paid to the person for any part of the unexpired portion of that period where—

(a) that person satisfies the conditions specified insection 238B(1), and

(b)sections 238B(3)and238D(3)do not apply.

(3) Back to work family dividend may be paid to a person in accordance withsection 238B(1)andsubsection (2)in respect of separate periods, subject to—

(a) the aggregate of such periods not exceeding the period specified insubsection (1), and

(b) the dividend being paid in respect of not more than 3 such separate periods.]

F1322[(4) Where a person was in receipt of back to work family dividend immediately prior to attaining pensionable age, payment of that dividend shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958, and

(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving back to work family dividend after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]

238D. F1323[Rate of dividend

238D.(1) Subject to this Act, the weekly rate of back to work family dividend payable shall—

F1324[(a) in respect of the first 52 weeks, beginning on the date on which it is receivable in accordance with regulations made under this Act, be an amount corresponding to the amount set out—

(i) incolumn (4)ofPart 1ofSchedule 4, oppositereference 1(a)incolumn (1)of that Part in respect of each child who has not attained the age of 12 years, and

(ii) incolumn (5)ofPart 1ofSchedule 4, oppositereference 1(a)incolumn (1)of that Part in respect of each child who has attained the age of 12 years,

to whomsection 238B(1)(b)refers, subject to the maximum weekly dividend payable corresponding to the weekly rate payable in respect of 4 such qualified children, and]

(b) in respect of any week, occurring after the first 52 weeks, and not exceeding an aggregate of 104 weeks, be half the amount calculated in accordance withparagraph (a), subject to the maximum weekly dividend payable corresponding to half the weekly rate payable in respect of 4 such children.

(2) The weekly rate of back to work family dividend payable shall not include an amount in respect of a child to whomsection 238B(1)(b)refers for any period during which that child—

(a) is treated as a qualified child for the purposes of an increase in any benefit specified insection 39(1), an increase in any assistance specified insection 139(1)or a continued payment for qualified children payable in accordance withPart 7,

(b) is treated as a child for the purposes of an increase in any qualifying payment or any relevant payment which corresponds to an increase in benefit or assistance referred to inparagraph (a),

(c) is treated as a qualified adult for the purposes of an increase in any benefit specified insection 39(1)or an increase in any assistance specified insection 139(1),

(d) is treated as an adult for the purposes of an increase in any qualifying payment or any relevant payment which corresponds to an increase in benefit or assistance referred to inparagraph (c),

(e) is in receipt of any benefit to whichsection 238B(3)(a)(i)refers or any assistance to whichsection 238B(3)(a)(ii)refers in his or her own right, or

(f) participates in a qualifying scheme.

(3) A person shall not be entitled to back to work family dividend during any period in respect of which—

(a)subsection (2)applies, and

(b) there is no child to whomsection 238B(1)(b)refers in respect of whom the dividend is payable.]

238E. F1325[Regulations

238E.(1) The Minister may make regulations in relation to the back to work family dividend.

(2) Regulations under this section may, in particular and without prejudice to the generality ofsubsection (1)—

(a) require employers to give such information to the Minister as he or she may require for the purposes of determining entitlement to the back to work family dividend, and

(b) prescribe—

(i) schemes or programmes of employment or work experience, and

(ii) courses of education, training or development,

for the purposes ofparagraph (c)of the definition of‘qualifying scheme’insection 238Aand different schemes, programmes or courses may be prescribed for different provisions of this Part.]

238F. F1326[Cessation of Part 7A

238F.F1327[…]]

PART 8 EU Payments

239. Certain EU payments — entitlement to island allowance. [2005 (SW&P) s10(b)]

239.—Where a person is ordinarily resident on an island and entitled to or in receipt of a payment from another Member State corresponding to a payment under—

(a) section 81, 82, 111, 113, 116, 126, 156, 164 or 174 and he or she has attained pensionable age, or

(b) section 77, 121 or 211,

he or she shall be entitled to a weekly allowance of €12.70 or any amount that may be prescribed.

F1328[PART 8A Certain Payments — Entitlement to Island Allowance]

239A. F1329[Certain payments - entitlement to Island Allowance

239A.Where a person is ordinarily resident on an island and is entitled to or in receipt of a payment from the United Kingdom corresponding to a payment under—

(a)section 81,111,113,116,126,156,164or174and he or she has attained pensionable age, or

(b)section 77,121or211,

he or she shall be entitled to a weekly allowance of €12.70 or any amount that may be prescribed.]

240. F1330[ Definition.

240.—Except where otherwise provided, in this Part—

‘benefit’means—

(a) any benefit described insection 39(1),

F1331[(aa) the cost of medical care undersection 86,]

(b) any assistance described insection 139(1),

(d)F1332[…]

(e)F1333[carer’s support grant],

(f)F1334[working family payment],

(g) continued payment forF1335[qualified children,]

F1336[(ga) back to work family dividend, or]

(h) EU payments within the meaning ofPart 8.]

Chapter 1

241. Claims. [1993 s205(1)]

241.—(1) It shall be a condition of any person’s right to any benefit F1337[that he or she—

(a) makes a claim for that benefit in the prescribed manner, and

(b) satisfies the Minister as to his or her identity.]

F1338[(1A)F1339[…]

(1B)F1339[…]]

F1340[(1C) For the purposes of satisfying himself or herself as to the identity of a person who makes a claim for benefit, the Minister may, without prejudice to any other method of authenticating the identity of that person, request that person—

(a) to attend at an office of the Minister or such other place as the Minister may designate as appropriate,

(b) to provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person,

(c) to allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person, and

(d) to provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.

(1D) The Minister shall retain in electronic form—

(a) any photograph or other record of an image of a person taken pursuant tosubsection (1C)(c), and

(b) any signature provided pursuant tosubsection (1C)(d),

in such manner that allows such photograph, other record or signature to be reproduced by electronic means.]

[1997 s32; 2005 (SW&P) s26 & Sch 4]

(2) Where a person fails to make a claim for benefit (including any increases of that benefit) within the prescribed time, he or she shall be disqualified for payment—

(a) in the case of F1341[State pension (contributory)], F1342[State pension (transition)], F1343[bereaved partner’s (contributory) pension] or F1344[guardian’s payment (contributory)], in respect of any period more than F1345[6 months] before the date on which the claim is made,

F1346[(aa) in the case of medical care, in respect of any period more than 12 months before the date on which the claim is made,]

(b) in the case of invalidity pension, in respect of any period more than 6 months before the date on which the claim is made,

F1347[(ba) in the case of partial capacity benefit—

(i) where the claim is made before the person commences employment, in respect of any period more than 13 weeks before such commencement, or

(ii) where the claim is made after the person commences employment, in respect of any period more than 3 weeks after such commencement,]

F1348[(c) in the case of jobseeker’s benefit, jobseeker’s benefit (self-employed), jobseeker’s pay-related benefit, Covid-19 pandemic unemployment payment, health and safety benefit, adoptive benefit, paternity benefit, parent’s benefit, occupational injuries benefit (other than disablement benefit undersection 75, an increase in disablement benefit undersections 77and78or death benefit by way of pension undersections 81and83), carer’s benefit, bereavement grant, bereaved parent grant, jobseeker’s allowance, pre-retirement allowance, State pension (non-contributory), blind pension, bereaved partner’s (non-contributory) pension, guardian’s payment (non-contributory), one-parent family payment, carer’s allowance, farm assist, working family payment and back to work family dividend, in respect of any period before the date on which the claim is made,]

(d) in the case of F1349[illness benefit], or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,

(e) in the case of maternity benefit—

(i) where the claim is made before the end of the week of confinement, in respect of any period before the beginning of the week in which the claim is made,

(ii) where the claim is made after the end of the week of confinement, in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the beginning of the week of confinement,

and

(f) in the case of disablement benefit under section 75, an increase in disablement benefit under section 77 or 78 or death benefit by way of pension under F1350[section 81or83], in respect of any period more than 3 months before the date on which the claim is made.

F1351[(2A) In the case of a claim for—

(a) State pension (transition) made before 5 April 2012, or

(b) State pension (contributory),F1352[bereaved partner’s (contributory) pension]and guardian’s payment (contributory) made before 6 April 2012,

subsection (2)(a)shall be read as if‘12 months’were substituted for‘6 months’.]

[1998 s21(b)]

(3) Notwithstanding paragraphs (c), (d), (e) and (f) of subsection (2), in the case of a benefit to which those paragraphs apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

(a) on a date earlier than the date on which his or her claim for benefit (including any increase of benefit) was made, apart from satisfying the condition of making a claim, the claimant was entitled to benefit, and

(b) throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim,

he or she shall not be disqualified for receiving payment in respect of any such period referred to in paragraph (a) which does not exceed 6 months before the date on which the claim is made.

[1997 s32]

(4) A person who fails to make a claim for child benefit within the prescribed time shall be disqualified for payment in respect of any day before the date on which the claim is made unless a deciding officer or appeals officer is satisfied that there was good cause for delay in making the claim, in which case, child benefit shall be payable from the first day of the month following that in which the claimant became a qualified person within the meaning of section 220.

F1353[(4A) (a) A person who fails to make a claim for domiciliary care allowance within the prescribed time shall be disqualified for payment in respect of any day before the first day of the month following the day on which the claim is made.

(b) Notwithstandingparagraph (a), where a deciding officer or an appeals officer is satisfied that—

(i) on a date earlier than the first day of the month following the day on which the claim was made, apart from satisfying the condition of making a claim, the person became a qualified person within the meaning ofsection 186D(1)(inserted bysection 15of theSocial Welfare and Pensions Act 2008), and

(ii) throughout the period between the earlier date and the date on which the claim was made there was good cause for the delay in making the claim,

the person shall not be disqualified for receiving payment of domiciliary care allowance in respect of any such period referred to insubparagraph (i)which does not exceed 6 months before the first day of the month following the date on which the claim is made.]

[1997 s32]

(5) A claimant for F1349[illness benefit] or injury benefit, who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period but where a deciding officer or an appeals officer is satisfied that there was good cause for delay in submitting or continuing to submit evidence of incapacity, the deciding officer or appeals officer may extend the period of 6 months to the date on which the evidence is submitted.

[1997 s32]

(6) Where a person fails to make a claim for F1354[F1355[carer’s support grant]or] continued payment for qualified children within the prescribed time, he or she shall be disqualified for receiving that payment.

[1997 s32; 1998 s21(c)]

(7) Notwithstanding subsection (2), the periods specified in that subsection in respect of which payment may be made before the date on which a claim is made may, subject to the conditions and in the circumstances that may be prescribed, be extended by a deciding officer or an appeals officer, as the case may be.

[1993 s205(3)]

(8) Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to that benefit, in the manner and subject to the conditions that may be prescribed.

[1993 s205(4)]

(9) For the purposes of this Act, any claim or notice made or sent by post or by any other method is deemed to have been made or given on the date of receipt of the claim or notice by an officer of the Minister.

242. Payments. [1993 s206(1)]

242.—(1) Regulations may provide for—

(a) the time and manner of payment of benefit,

F1357[(b) the information and evidence to be given by a claimant or beneficiary—

(i) when applying for payment of benefit, or

(ii) when there has been a change in the circumstances of the claimant or beneficiary which may affect the payment of the benefit concerned,

and,]

F1358[(c) the payment of specified benefits through a payment service provider.]

[1993 s206(2)]

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

(a) notwithstanding anything contained in this Act—

(i) in the case of specified benefits (other than child benefit), for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,

(ii) in the case of child benefit, for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made at different rates for different parts of a month,

(b) for extinguishing the right to any sum payable by way of benefit where payment of that benefit is not obtained within 6 months or any shorter period that may be prescribed from the time at which that sum is receivable in accordance with regulations.

[1996 s35]

(3) Notwithstanding this Act, regulations may provide for payment of benefit, in the circumstances and subject to the conditions and for the periods that may be prescribed, to a claimant or beneficiary who has attained pensionable age.

F1359[(4) Subject tosubsection (5), a person presenting for payment of benefit on his or her own behalf shall satisfy the Minister, an officer of the Minister or a payment service provider, as the case may be, as to his or her identity by furnishing—

(a) his or her public services card, or

(b) a card that has been issued to the person by the Minister undersection 264and such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of that person.]

F1360[(5) The Minister may make arrangements with a payment service provider in respect of the payment of benefit to such class of persons as the Minister may determine and such arrangements may include the furnishing by the Minister of information or documentation to the payment service provider for the purposes of authenticating the identity of any such persons presenting to the payment service provider pursuant to the arrangement.]

F1361[(6) A person presenting for payment of benefit on behalf of another person (in this section referred to as the‘other person’) shall furnish to the Minister, an officer of the Minister or a payment service provider, as the case may be—

(a) where the person has been nominated in that behalf in accordance with regulations made undersection 244(1)(a)—

(i) evidence that he or she has been so nominated by the other person to receive the benefit on behalf of the other person,

(ii) the public services card issued to the other person or a card issued to the other person by the Minister undersection 264, and

(iii) such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the nominated person,

(b) where the person has been appointed in that behalf in accordance with regulations made undersection 244(1)(b)—

(i) the public services card issued to the other person or a card issued to the other person by the Minister undersection 264, and

(ii) such other information or documentation as the Minster, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the appointed person.

(7) Where a person fails to comply withsubsection (4)or(6), payment of benefit may be withheld until such time as the identity of the person is authenticated.

(8) The information or documentation provided by the Minister undersubsection (5)may be recorded or retained by a payment service provider for the purposes of this section.

(9) The information or documentation furnished by a person undersubsection (4)or(6)may be recorded or retained by the Minister, an officer of the Minister or a payment service provider.]

243. Payment in respect of loss of purchasing power. [1998 s11]

243.—(1) Where a person makes a claim for any benefit in accordance with section 241 and the payment of that claim is delayed for a period exceeding 12 months due solely or mainly to circumstances within the control of the Department of Social and Family Affairs and the person has not contributed to the delay, regulations may provide for a payment to be made in respect of the loss of purchasing power, subject to the conditions and in the circumstances that may be prescribed.

[1998 s11]

(2) In the case of a person to whom subsection (1) applies, the Minister may make regulations to provide for payment of an amount of costs, subject to the minimum and maximum limits that may be prescribed, actually and necessarily incurred by that person.

244. Payment to persons other than claimant or beneficiary. [1993 s207(1); 1999 s17 & Sch D]

244.—(1) Regulations may provide—

(a) for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his or her F1362[behalf, subject to such conditions and in such circumstances as are prescribed,]

F1363[(b) for—

(i) enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who—

(I) is under 16 years of age, or

(II) is certified by aF1364[registered medical practitioner]to be a person who is or is likely soon to become unable for the time being to manage his or her own financial affairs,

any right or power otherwise exercisable under this Act by the claimant or beneficiary, and

(ii) subject to such conditions and in such circumstances as are prescribed for assuring the personal welfare of the claimant or beneficiary, authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf, and for the benefit, of the claimant or beneficiary,]

(c) where it appears to the Minister that the circumstances so warrant, for enabling F1365[, subject to such conditions and in such circumstances as are prescribed,] a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of F1366[illness benefit], F1367[jobseeker’s benefit], F1368[jobseeker’s benefit (self-employed),] F1369[jobseeker’s pay-related benefit,] injury benefit, F1370[State pension (contributory)], F1371[State pension (transition)], invalidity pension, F1372[jobseeker’s allowance], farm assist, pre-retirement allowance, F1373[State pension (non-contributory)], blind pension or disability allowance, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances but in no case shall the amount to be received and dealt with as provided for in this subparagraph exceed the total amount payable less the amount payable by virtue of section 43(1), 66(1), 76(1), 112(1), 117(1), 122(1), 142(1)(b)(i), 150(1)(a), 157(1)(a), 211(1)(a) or 215(1)(a), as appropriate,

(ii) in respect of F1374[bereaved partner’s (contributory) pension] so much of the pension as is payable by virtue of section 127(1), or in respect of one-parent family payment, so much of the payment as is payable in respect of a qualified child by virtue of section 174(1),

(iii) in respect of disablement pension, F1375[domiciliary care allowance,] F1376[child benefit orF1377[working family payment],] so much of F1378[the pension, allowance, benefit or supplement] as the Minister considers reasonable in the circumstances,

F1379[(iv) in respect of supplementary welfare allowance, so much of the allowance as the Minister considers reasonableF1380[in the circumstances, and]]

(d) in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in the person’s name, subject to the conditions that may be prescribed.

[1993 s207(2)]

(2) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid to or distributed among the persons appearing in the manner provided by the regulations to be entitled to receive that sum or any part of that sum, either as being persons beneficially entitled to that sum under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of those persons excluding the others.

F1381[(3) Regulations under this section may make provision for the powers exercisable by, and the obligations of, persons appointed to receive and deal with sums payable by way of benefit, including, in particular, an obligation to account for sums so received.]

244A. F1384[Information to be supplied by claimants and beneficiaries for profiling and activation purposes.

244A.—(1) The Minister may prescribe information and the nature and form of such information to be furnished by a claimant or beneficiary where the Minister forms the opinion that the furnishing of that information would assist—

(a) a deciding officer, bureau officer,F1385[a designated person]or any other person who makes a decision in relation to a claim for, or the payment of, benefit in deciding whether—

(i) a claimant is entitled to make a claim for benefit or to receive any benefit, or

(ii) a beneficiary is entitled to continue to receive any benefit, or

(b) in assessing the training, education or development needs appropriate to the circumstances of the claimant or beneficiary.

(2) For the purposes of the information to be furnished by a claimant or beneficiary undersubsection (1), different types and forms of information may be prescribed in relation to—

(a) different classes of claimants or beneficiaries, or

(b) different benefits.]

245. Statutory declarations. [1993 s208]

245.—Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in the form be verified by a statutory declaration and that the statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or any other person authorised by the Minister in that behalf.

246. Provision with respect to habitual residence. [2004 (MP) s17 & Sch 1]

246.—F1386[(1) A requirement, in any of the provisions specified insubsection (3), for a person to be habitually resident in the State means that—

(a) the person must be habitually resident in the State at the date of the making of the application, and the person must remain habitually resident in the State after the making of that application in order for any entitlement to subsist,

(b) the person is a worker or a self-employed person, residing in the State pursuant to article 7 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004^2, from—

(i) a Member State, or

(ii) a member state of the European Economic Area,

(d) where a person referred to inparagraph (b)ceases to be such a worker or such a self-employed person, the person must be habitually resident in the State immediately after the date of such cessation, and must remain habitually resident in the State in order for any entitlement to subsist, or

(e) where a person referred to inparagraph (b)ceases to be such a worker or such a self-employed person, a family member of such a person must be habitually resident in the State immediately after the date of such cessation, and the family member must remain habitually resident in the State in order for any entitlement to subsist.]

[2004 (MP) s17 & Sch 1]

(2) F1387[…]

[2004 (MP) s17 & Sch 1]

(3) The provisions of this Act referred to in subsection (1) are sections 141(9), F1388[153(c)], F1389[161A(d),] 163(3), 168(5), 173(6), F1390[180(2)], F1391[186A(2),] F1392[186D(1)], 192, F1393[210(9),220(3)and238B(5).]

F1394[(4)F1395[A]deciding officer orF1396[a designated person], when determining whether a person is habituallyF1395[resident in the State for the purposes of this Act], shall take into consideration all the circumstances of the case including, in particular, the following:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(d) the person’s main centre of interest; and

(e) the future intentions of the person concerned as they appear from all the circumstances.]

F1397[(5) Notwithstandingsubsections (1)to(4)and subject tosubsection (9), a person who does not have a right to reside in the State shall not, for the purposes of this Act, be regarded as being habitually resident in the State.]

F1397[(6) The following persons shall, for the purpose ofsubsection (5), be taken to have a right to reside in the State:

(a) an Irish citizen under the Irish Nationality and Citizenship Acts 1956 to 2004;

F1398[(b) a person who has the right under the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) to enter and reside in the State or is deemed under those Regulations to be lawfully resident in the State;]

F1399[(c) a person in relation to whom a refugee declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;]

F1400[(ca) a person in relation to whom a subsidiary protection declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;]

F1401[(d) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to enter and reside in the State under section 56 of that Act, where the permission concerned is in force;]

F1402[(da) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 57 of that Act, where the permission concerned is in force;]

F1403[(e) a person who is a programme refugee within the meaning of section 59 of the Act of 2015 or is deemed to be a programme refugee under subsection (4) of that section;]

F1404[(f) a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 54 of that Act, where the permission concerned is in force;]

(g)F1405[…]

(h) a person whose presence in the State is in accordance with a permission to be in the State given by or on behalf of the Minister for Justice, Equality and Law Reform under and in accordance withsection 4or5ofF1406[theImmigration Act 2004;]

F1407[(i) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, where the permission concerned is in force.]]

F1397[(7) The following persons shall not be regarded as being habitually resident in the State for the purpose of this Act:

(a) a person who has made an application under section 8 of the Act of 1996 and where the Minister for Justice, Equality and Law Reform has not yet made a decision as to whether a declaration under section 17 of the Act of 1996 will be given in respect of such application;

F1408[(aa) an applicant within the meaning of section 16 of the Act of 2015, or a person deemed to have made an application under that Act;]

F1409[(b) an applicant within the meaning of the Regulations of 2013, or any other person awaiting a grant of permission to reside in the State under Regulation 23, 25 or 26 of the Regulations of 2013;]

(c) a person who has been notified undersection 3(3)(a) of theImmigration Act 1999that the Minister for Justice, Equality and Law Reform proposes to make a deportation order, whether or not that person has made representations under section 3(3)(b) of that Act, and where the Minister for Justice, Equality and Law Reform has not yet made a decision as to whether a deportation order is to be made in respect of such person;

(d) a person who has made an application under section 8 of the Act of 1996 which has been refused by the Minister for Justice, Equality and Law Reform;

F1410[(da) a person who has made, or is deemed under the Act of 2015 to have made, an application under section 15 of that Act which has been refused by the Minister for Justice and Equality;]

F1411[(e) a person—

(i) whose application for subsidiary protection under Regulation 4 or 16 of the Regulations of 2006 has been refused, or whose permission under Regulation 4 or 16 of the Regulations of 2006 has been revoked,

(ii) whose application under Regulation 3 of the Regulations of 2013 for a subsidiary protection declaration has been refused, or whose subsidiary protection declaration has been revoked, under the Regulations of 2013, or

(iii) whose application under Regulation 25 or 26 of the Regulations of 2013 has been refused, or whose permission under Regulation 25 or 26 of the Regulations of 2013 has been revoked;]

F1412[(f) a person in relation to whom a deportation order has been made, or has been deemed under section 51 of the Act of 2015 to have been made, under section 3(1) of theImmigration Act 1999.]]

F1397[(8) For the purpose of this Act, where a person—

F1413[(a) is given, or deemed under the Act of 2015 to be given, a refugee declaration under that Act,]

F1414[(b) is given, or deemed under the Act of 2015 to be given, a permission to enter and reside in the State under section 56 of that Act,]

F1415[(ba) is given, or deemed under the Act of 2015 to be given, a permission to reside in the State under section 57 of that Act,]

F1416[(c) is given, or deemed under the Act of 2015 to be given, a subsidiary protection declaration under that Act, or]

(d)F1417[…]

(e) is granted permission to remain in the State under and in accordance withF1418[…]theImmigration Act 2004,

he or she shall not be regarded as being habitually resident in the State for any period before the date on which theF1419[declaration or permission concerned was given or granted as the case may be and, in the case of a declaration or permission deemed to be given, for any period before the date on which the declaration or permission concerned was originally given.]]

F1397[(9) Notwithstanding that a person has, or is taken to have in accordance withsubsection (6), a right to reside in the State the determination as to whether that person is habitually resident in the State shall be made in accordance withsubsections (1)and(4).]

F1397[(10) In this section—

‘Act of 1996’means theRefugee Act 1996;

F1420[‘Act of 2015’means theInternational Protection Act 2015;]

‘Regulations of 2006’means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of F1421[2006);]

F1422[‘Regulations of 2013’means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013).]]

Chapter 2

247. Avoidance of multiple payments. [1993 s209(1); 2005 (SW&P) s26 &Sch 4]

247.—F1425[(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified insection 39(1)other than death benefit by way of a grant in respect of funeral expenses, bereavement grant orF1426[bereaved parent grant], or

(b) any assistance specified insection 139(1)other than a payment undersection 186A, domiciliary care allowance, supplementary welfare allowance orF1426[bereaved parent grant].]

[1993 s209(2); 2005 (SW&P) s26 & Sch 4]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in section 39(1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or F1426[bereaved parent grant],

F1425[(b) any assistance specified insection 139(1)other than domiciliary care allowance, supplementary welfare allowance orF1426[bereaved parent grant],]

(d) any increase in a benefit referred to in paragraph (a) in respect of a qualified adult,

(e) any increase in assistance referred to in paragraph (b) in respect of a qualified adult,

(f) any increase in a benefit referred to in paragraph (a) in respect of a qualified child, or

(g) any increase in assistance referred to in paragraph (b) in respect of a qualified child.

F1428[(2A) For the purposes of this Act, where—

(a) a payment is made to or in respect of a person and in respect of a benefit referred to insubsection (1)(a)or any assistance referred to insubsection (1)(b)(whethersubsection (1)applies to the payment of such benefit or assistance or otherwise), and

(b) during the same period, the person referred to inparagraph (a)is a person to whom a payment specified insubsection (2B)would be payable to or in respect of an orphan,

nothing in this Act shall prevent the payment of the benefit or assistance referred to inparagraph (a)being paid to a person referred to in that paragraph where, during the same period, that person is a person referred to inparagraph (b)to whom a payment referred to in that paragraph would also be made.

(2B) The payments referred to insubsection (2A)(b)are—

(a) guardian’s payment (contributory),

(b) guardian’s payment (non-contributory), or

[1993 s209(3); 1996 s15(4) & Sch D]

F1425[(3) for the purposes of this section any payment specified insubsection (1)(a)or(b)payable in respect of a person shall be regarded as such specified payment payable to that person.]

F1429[(3A) Notwithstandingsubsections (1)and(2)and subject tosubsection (3B), where disablement benefit and any benefit described insection 39(1)(including any increase thereof) or assistance described insection 139(1)(including a228.ny increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(3B) For the purposes ofsubsection (3A), disablement benefit shall not include an increase—

(a) on account of incapacity by virtue ofsection 77,

(b) in respect of a qualified adult or a qualified child, by virtue ofsection 76,

(c) in respect of constant attendance by virtue ofsection 78, other than where a benefit, as described insection 39(1), is payable.]

[1993 s209(4)]

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

[1993 s209(5)]

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment of any such payments).

F1430[(5A) A payment undersection 186Ashall not be payable where a person is in receipt of more than one payment by virtue of regulations made undersubsection (4).]

[1993 s209(6); 1999 s17(2) & Sch D]

F1431[(6) Where, but for this subsection, working family payment and—

(a) partial capacity benefit,

(b) jobseeker’s benefit,

F1432[(ca) jobseeker’s pay-related benefit,]

(d) carer’s benefit,

(e) jobseeker’s allowance,

(f) carer’s allowance, or

(g) farm assist,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.]

[1993 s209(7)]

(7) Where, but for this subsection, F1433[working family payment] would be payable to a person in a period of incapacity for work in respect of which F1434[illness benefit] or injury benefit is also payable to that person, F1433[working family payment] shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.

[1996 s7(2)]

(8) Where a continued payment for qualified children under Part 7 is payable to a person for any period, any child who is regarded as a qualified child of that person shall not, for that period, be regarded as a qualified child for the purposes of entitling any person to an increase in benefit or assistance under this Act.

[1996 s7(2)]

(9) In the case of a person who is participating in an initiative administered by the Minister and known as Back to Work Allowance and who is not entitled to, or in receipt of, F1433[working family payment], any sums paid by way of a continued payment for qualified children under Part 7 shall be treated as paid on account of the allowance payable under the Back to Work Allowance initiative.

[1993 s209(8); 1999 s19 & Sch E]

(10) Where in respect of the death of a person, a bereavement grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

[1993 s209(9)]

(11) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

F1435[(12) Where a person is in receipt of an invalidity pension under this Act by virtue of the application of Articles 38 and 39 of Regulation (EEC) No. 1408/71 of the Council of the European Communities and subsequently becomes entitled to a survivor’s pension or old age pension from another Member State under Chapter 3 of that Regulation, the person’s entitlement to invalidity pension under this Act shall, notwithstanding anything contained in that Regulation, be reduced only within the limit of the amount of that survivor’s pension or old age pension.]

247A. F1437[ Disqualification for benefit while participating in certain employment programmes.

247A.—A person shall be disqualified for receiving—

(a) any benefit specified insection 39(1), other than death benefit by way of a grant in respect of funeral expenses, bereavement grant orF1438[F1439[bereaved parent grant,], or]

(b) any assistance specified insection 139(1), other than aF1[bereaved parent grant,]

(c)F1440[…]

F1441[during any week or part of a week]while he or she is engaged by another person to carry out work or perform any duty or service pursuant to a placement underF1442[the scheme referred to insection 298A(1)(b)(inserted bysection 16of the Social Welfare and Pensions Act 2011)].]

247B. F1443[ Disqualification from certain payments while participating in Community Employment.

247B.—(1) A person shall be disqualified from receiving—

(a) any benefit specified insection 39(1), other than—

(i) disablement benefit payable in accordance withsection 75,

(ii) death benefit by way of a grant in respect of funeral expenses,

(iii) bereavement grant, and

F1444[(iv) bereaved parent grant,]

(b) an increase, payable undersection 77, in disablement pensionF1445[on account of incapacity, and]

F1446[(i) a weekly or monthly payment payable in accordance withsection 198,]

(ii) supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance withsection 200,201,202or206, and

F1447[(iii) a bereaved parent grant,]

(d)F1448[…]

for any week or part of a week during which he or she is employed under a scheme provided by the Minister and known as Community Employment.

(2)Subsection (1)shall not apply to a person receiving any benefit, increase, assistance or allowance specified inF1449[paragraphs (a)to(c)]ofsubsection (1)while he or she is employed under a Community Employment scheme where the period of employment under that Community Employment scheme commenced before 16 January 2012.]

247C. F1450[ Disqualification from receipt of benefit where identity not authenticated

247C.(1) The Minister may give notice to any person receiving a benefit requesting the person, at the time specified in the notice, to satisfy the Minister as to his or her identity.

(2) A person shall be disqualified from receiving any benefit, including any increase in that benefit, for any week or part of a week, commencing after the time specified in the notice undersubsection (1), or any time thereafter as may be determined by the Minister and notified to the person, during which that person fails to satisfy the Minister as to his or her identity.

(3) A notice undersubsection (1)may require the person to whom it is given to do one or more than one of the following, as the Minister considers appropriate, at the time specified in the notice, or at any time thereafter as may be determined by the Minister and notified to the person:

(a) attend at an office of the Minister or such other place as the Minister may designate as appropriate;

(b) provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person;

(c) allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person;

(d) provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.

(4) The Minister shall retain in electronic form—

(a) any photograph or other record of an image of a person taken undersubsection (3)(c), and

(b) any signature provided undersubsection (3)(d),

in such manner that allows such photograph, other record or signature to be reproduced by electronic means.

(5) This section shall not be construed as preventing the Minister from using a method of authentication of the identity of a person in receipt of benefit, other than a method referred to in this section, which the Minister considers appropriate to use.]

247D. F1451[ Disqualification from certain payments where person is resident in designated accommodation centre

247D.(1) A person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, shall be disqualified from receiving any assistance specified in section 139(1), other than supplementary welfare allowance, in so far as it relates to the payment of that allowance in accordance with section 201 or 202, for any week or part of a week during which he or she is resident in a designated accommodation centre.

(2) In this section—

‘Act of 2015’ means the International Protection Act 2015;

‘designated accommodation centre’ has the same meaning as it has in section 60 of the Act of 2015.]

248. Payments after death. [1993 s210(1); 2005 (SW&P) s26 & Sch 4]

248.—(1) In this section—

“benefit” means—

(a) F1452[illness benefit],

(b) F1453[jobseeker’s benefit],

F1454[(ba) jobseeker’s benefit (self-employed),]

F1455[(baa) jobseeker’s pay-related benefit,]

F1456[(bb) Covid-19 pandemic unemployment payment,]

(d) carer’s benefit,

(e) F1457[State pension (contributory)],

(f) F1458[State pension (transition)],

(g) invalidity pension,

(h) F1459[jobseeker’s allowance],

(i) F1460[State pension (non-contributory)],

(j) blind pension,

(k) F1461[incapacity supplement],

(l) supplementary welfare allowance,

(m) pre-retirement allowance,

(n) disability allowance,

(o) farm assist,

F1462[(p) bereaved partner’s (contributory) pension,]

(q) one-parent family payment,

(r) death benefit under section 81

(s) carer’s F1463[allowance,]

F1464[(t) working family payment,

(u) back to work family dividend;]

“relevant person” has the meaning given to it by section 99(1) or, as appropriate, section 179(1).

[1993 s210(2); 2004 (MP) s5(1)]

(2) Notwithstanding any provisions to the contrary in this Act—

F1465[(a) where a person who is in receipt of a benefit dies, and—

(i) he or she was receiving an increase in respect of a qualified adult, or

(ii) his or her spouse, civil partner or cohabitant is in receipt of a benefit in his or her own right,

payment of the deceased person’s benefit shall, subject to such conditions as may be prescribed, continue to be made for 6 weeks after his or her death and shall be paid, as the case may be, to the deceased person’s qualified adult, spouse, civil partner or cohabitant,]

(b) where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of the increase shall continue to be made for 6 weeks after the date of death,

(c) where a person is in receipt of one-parent family payment by virtue of having not more than one qualified child and that qualified child dies, payment of the one-parent family payment including the increase in respect of that child shall continue to be made for 6 weeks after the date of death of the qualified child,

(d) where a qualified adult in respect of whom an increase of benefit is being paid, dies, payment of the increase shall continue to be made for 6 weeks after the date of death,

(e) where a person is in receipt of carer’s benefit F1466[…] and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer’s benefit F1466[…] shall continue to be made for 6 weeks after the death of the relevant person,

F1467[(ea) where a person is in receipt of carer’s allowance and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer’s allowance shall continue to be made for 12 weeks after the death of the relevant person,]

F1468[(eb) where a person is in receipt of domiciliary care allowance and the qualified child for the purpose of the payment of that allowance dies, payment of the domiciliary care allowance shall continue to be made for 3 months after the death of the child,]

F1469[(ec)F1470[…]]

F1469[(ed)F1470[…]]

F1471[(ec) where a person is in receipt of parent’s benefit and the child in respect of whom that person is providing or assisting with his or her care dies, payment of the parent’s benefit shall continue to be made,]

F1472[(ed) where a person who is in receipt of working family payment dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 52 week period provided for in accordance withsection 230, whichever is the lesser) after the date of death of the deceased person,

(ee) where a person who is in receipt of back to work family dividend dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 104 week period provided for in accordance withsection 238C, whichever is the lesser) after the date of death of the deceased person,]

(f) in any case where payment is made by virtue of F1473[paragraph (a),(d),F1474[(ed) or (ee)]], entitlement to F1475[bereaved partner’s (contributory) pension, bereaved partner’s (non-contributory) pension], F1476[guardian’s payment (contributory)], F1477[guardian’s payment (non-contributory)], death benefit under section 81 or 83 or entitlement to one-parent family payment by virtue of F1478[being a bereaved partner,] shall not begin until after the end of the period of 6 weeks mentioned in F1473[paragraph (a),(d),F1474[(ed) or (ee)]] except and to the extent that regulations otherwise provide.

249. Absence from State or imprisonment. [1993 s211(1)]

249.—(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part 2 (including any increase of benefit) for any period during which that person—

(a) is absent from the State, or

(b) is undergoing F1479[…] imprisonment or detention in legal custody.

F1480[(1A) A person shall not be regarded as undergoing detention in legal custody for the purposes of entitlement to disability allowance while the person is detained for treatment pursuant to—

(a) an admission order or renewal order made under theMental Health Act 2001,

(b) an order made undersection 38of theHealth Act 1947,

(d) an order made under section 17 of the Lunacy (Ireland) Act 1821, or

(e) an order made under section 2 of the Trial of Lunatics Act 1883.]

[1993 s211(2)]

F1481[(2) Except where regulations otherwise provide, where any benefit underPart 2to which a person is entitled includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult—

(a) is absent from the State, or

(b) is undergoing imprisonment or detention in legal custody.]

[1993 s211(3)]

(3) Regulations may provide for the suspension of payment to or in respect of any person during any period mentioned in subsection (1) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

[1993 s211(4)]

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

[1993 s211(5); 2000 s14 & Sch D]

(5) Regulations for the purposes of this section may be so framed as to make payment of bereavement grant, invalidity pension, F1482[State pension (transition)] F1483[and bereaved parent grant,] subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 114 as periods of retirement.

[1993 s211(6); 1999 s17 & Sch D]

(6) A person shall be disqualified for receipt of F1484[jobseeker’s allowance], pre-retirement allowance F1485[supplementary welfare allowance,], disability allowance or farm assist F1486[(including any increase in such allowance or assistance)] while he or she is—

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

(b) undergoing F1479[…], imprisonment or detention in legal custody.

F1487[(6A) Where a person is entitled to jobseeker’s allowance, pre-retirement allowance, supplementary welfare allowance, disability allowance or farm assist and such allowance or assistance includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult is—

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

(b) undergoing imprisonment or detention in legal custody.]

[1993 s211(7)]

(7) Subject to subsection (8), a sum shall not be paid on account of F1488[a State pension (non-contributory)] or blind pension to any person while absent from the State.

[1993 s211(8)]

(8) Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of that residence, in receipt of F1488[State pension (non-contributory)] or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7), be made until the earlier of—

(a) the expiration of 5 years from the beginning of that residence during which the person was continuously resident in Northern Ireland, or

(b) the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland.

[1993 s211(9)]

(9) Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, the person shall be disqualified for receiving or continuing to receive F1488[State pension (non-contributory)] or blind pension while he or she is detained in prison in consequence of the order.

[1993 s211(10); 1996 s19(3)]

(10) Except where regulations otherwise provide, a person shall be disqualified for receiving F1489[bereaved partner’s (non-contributory) pension,] deserted wife’s allowance, prisoner’s wife’s allowance or one-parent family payment, (including, in the case of one-parent family payment, any increase for a qualified child) for any period during which he or she is undergoing F1479[…] imprisonment or detention in legal custody.

[1993 s211(11)]

(11) Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any period mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

[1993 s211(12)]

(12) Notwithstanding a disqualification by virtue of subsection (10) for receiving a one-parent family payment, an increase in respect of a qualified child, shall, in the cases that may be prescribed, be paid to the prescribed person.

[1993 s211(13)]

(13) (a) Where during any period a person is resident outside the State:

(i) a pension shall not be granted to or in respect of that person;

(ii) if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.

(b) Nothing in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside the State—

(i) a pension being granted to or in respect of that person where a claim for that pension was made before that person became so resident, or

(ii) a pension granted by virtue of paragraph (a) being paid for any period before (but not after) that person became so resident, or

(iii) any arrears of a pension granted to or in respect of that person (being arrears due for a period before that person became so resident) being paid.

F1490[(c) In this subsection, ‘pension’ means a bereaved partner’s (non-contributory) pension or guardian’s payment (non-contributory).]

[1993 s211(14); 1996 s19(3)]

(14) A person shall be disqualified for receiving one-parent family payment, deserted wife’s allowance and prisoner’s wife’s allowance while he or she is resident, whether temporarily or permanently, outside the State.

[1993 s211(15)]

(15) Child benefit shall be paid only within the State.

F1491[(16) ...]

F1492[(17) A person is disqualified for receipt of domiciliary care allowance—

(a) while the person is undergoing a period of imprisonment or detention in legal custody, and

(b) except where regulations otherwise provide, while the person is resident, whether temporarily or permanently, outside the State.]

Chapter 3

250.—(1) The Minister, or an officer authorised in that behalf by special or general directions of the Minister, may appoint such and so many officers as is appropriate to be social welfare inspectors for the purposes of those provisions of Parts 2, 3, F1493[4,] F1494[…] 5, 6, F1495[7,F1496[7Aand8]] F1497[…] and this Part as he or she may determine in the case of those appointments F1498[and the Minister may at any time terminate an appointment under this subsection whether or not the appointment was for a fixed period].

F1499[(1A) An appointment as a social welfare inspector shall cease—

(a) if the Minister terminates the appointment,

(b) if it is made for a fixed period, on the expiry of that period, or

(1B) A member of the Garda Síochána secondedF1500[to the Minister]for a purpose referred to insubsection (1)has conferred on him or her all the powers and duties conferred on a social welfare inspector by this section and may exercise those powers and duties under and in accordance with this Act.

(1C) A member of the Garda Síochána exercising a power or duty of a social welfare inspector shall continue to be under the general direction and control of the Commissioner of the Garda Síochána.

(1D) A member of the Garda Síochána exercising a power or duty of a social welfare inspector shall continue to have conferred on him or her and may exercise the powers and duties of a member of the Garda Síochána for purposes other than the purposes of this Act, as well as for the purposes of this Act.]

[1993 s212(2)]

(2) Every social welfare inspector shall investigate and report to the Minister on any claim for or in respect of benefit and any question arising on or in relation to that benefit F1501[, or an application for, or the use of, a personal public service number in accordance withsections 262to271and any question arising on or in relation to that application or use,] which may be referred to him or her by the Minister, and may, for the purpose of the investigation and report require—

(a) a claimant or a beneficiary,

(b) the spouse F1502[, civil partner or cohabitant] or any employer of the claimant or beneficiary,

(d) F1503[…]

(e) the personal representative of a person who was at any time in receipt of any benefit, F1501[and]

F1501[(f) a person who has sought the allocation of a personal public service number within the meaning ofsection 262or a person to whom such a number has been allocated,]

to give to the social welfare inspector the information and to produce to him or her the documents, within the period that may be prescribed, as he or she may reasonably require.

F1504[(2A) A social welfare inspector may, for the purposes of investigating and reporting to the Minister on any claim for, or in respect of, and any question arising on or in relation to, the payment of a supplement referred to insection 198(3)towards the amount of rent payable by a person in respect of his or her residence, request the landlord of such residence to provide, within the prescribed period, to the social welfare inspector—

(a) a statement in writing—

(i) confirming that the person in respect of whom that supplement has been, or is to be, paid is a person from whom the landlord is, under a tenancy, entitled to receive rent in respect of the residence of that person,

(ii) as to whether the landlord is receiving rent solely from the person referred to insubparagraph (i)or from any other person under that tenancy in respect of that residence,

(iii) specifying the period of the tenancy of the person referred to insubparagraph (i), and

(iv) confirming that the person referred to insubparagraph (i)has resided, and where appropriate, continues to reside, at that residence for the period for which that supplement has been, or is to be, paid,

and

(b) such other information, in writing, relating to the tenancy of the person referred to inparagraph (a)(i)as the social welfare inspector may reasonably require for the purposes of the investigation concerned.

(2B) Where a request is to be made to a landlord by a social welfare inspector undersubsection (2A), it shall be sent to the landlord in writing and addressed to the person concerned by name and may be sent or given—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in the case where an address for service has been furnished, at that address, or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address.

(2C) Insubsections (2A)and(2B)—

‘landlord’has the meaning assigned to it bysection 198C(3); and

‘tenancy’has the meaning assigned to it bysection 198(4D).]

[1993 s212(3); 2004 (MP) s12(a)]

(3) A social welfare inspector shall, for the purposes of this Act or section 121(1)(a) of the Pensions Act 1990, have power to do all or any of the following:

(a) to enter, without prior notification, at all reasonable times, any premises or place liable to inspection under this section;

(b) in that premises or place—

(i) to make such examination or enquiry,

(ii) to inspect and take copies of or extracts from any records (including, in the case of information in a non-legible form, a copy of or extract from that information in permanent legible form), found there, and

(iii) to remove and retain those records for such period as may be reasonable for further examination,

as may be necessary to ascertain whether this Act is being complied with and while making any examination or enquiry to ascertain whether Chapter 2 of Part 2 is being complied with shall also have power to examine or enquire as to whether section 121(1)(a) of the Pensions Act 1990 is being complied with and to report, where necessary, to the Pensions Board;

(d) to examine, either alone or in the presence of any other person, as the social welfare inspector thinks fit in relation to any matters on which he or she may reasonably require information for the purposes of this Act, every person whom he or she finds in that premises or place, or whom he or she has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which the person is so examined; and

F1505[(e) for the purposes of answering or clarifying any questions that the social welfare inspector may have consequent on the inspection of the premises or place, to summon—

(i) the occupier of the premises or place,

(ii) any person who is or has been employing persons there,

(iii) such person as may be designated by the occupier or employer as competent to answer or clarify any such questions,

(iv) any employee of a person referred to insubparagraph (i)or(ii), or

(v) any person found in the premises or place who the social welfare inspector has reasonable cause to believe to be or to have been an insured person,

to attend at that premises or place or at an office of the Minister, at any reasonable time specified, by written notice, and sent or given to him or her by—

(I) delivering it to the person,

(II) leaving it at the said premises or place,

(III) leaving it at the address at which the person ordinarily resides,

(IV) sending it by post in a prepaid registered letter to the said premises or place, or

(V) sending it by post in a prepaid registered letter to the address at which the person ordinarily resides.]

[1993 s212(4); 2004 (MP) s12(b)]

(4) The occupier of any premises or place liable to inspection under this section, and any other person who—

(a) is or has been employing—

(i) any person in insurable employment or insurable (occupational injuries) employment, or

(ii) any claimant or beneficiary,

(b) engages or has engaged a person under a contract for service to perform a service,

and the employees of, or any other person providing bookkeeping, clerical or other administrative services to, any such occupier or other person and any insured person, claimant or beneficiary, or any person in respect of whom such a benefit is claimed, shall give to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether any benefit is or was payable to or in respect of any person or whether section 121(1)(a) of the Pensions Act 1990 is being complied with.

F1506[(4A) A social welfare inspector shall—

(a) for the purposes of answering or clarifying any questions that the social welfare inspector may have in relation to the payment of employment contributions by employed contributors for the purposes ofsection 13(4B), and

(b) for the purposes of estimating the amount due in respect of employment contributions by employed contributors for the purposes ofsection 13(4B),

have the power to request that employed contributor to—

(i) produce for inspection all records of share-based remuneration realised, acquired or appropriated, as the case may be, by that employed contributor, and

(ii) provide details of the employer who granted the shares (including stock) which gave rise to that share-based remuneration,

at the address at which the person ordinarily resides or at an office of the Minister.]

[1993 s212(5)]

(5) Any person who holds a certificate of authorisation under Chapter 2 of Part 18 of the Act of 1997 shall, on the request of a social welfare inspector, furnish that certificate for inspection by him or her.

[1993 s212(6); 1999 s26(1)(b)]

(6) A person who—

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

(b) refuses or neglects to answer any question or to give any information or to produce any record when required to do so under this section, or

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

is guilty of an offence.

[1993 s212(8); 2005 (SW&P) s7(c) & 10(c)]

(7) Every social welfare inspector shall be given a certificate of his or her appointment, and on entering any premises or place for the purposes of Parts 2, 3, F1493[4,] F1494[…] 5, 6, F1495[7,F1507[7Aand8]] F1508[…] and this Part shall, if so requested, produce that certificate.

F1509[(7A) A member of the Garda Síochána secondedF1510[to the Minister]for a purpose referred to insubsection (1)shall be given a certificate of his or her secondment, and on entering any premises or place for the purposes ofParts 2,3,4,5,6,F1495[7,F1511[7Aand8]]F1512[…]and this Part shall, if so requested, produce that certificate.]

[1993 s212(9)]

(8) The premises or places liable to inspection under this section are any premises or places where a social welfare inspector has reasonable grounds for believing that—

(a) persons are, or have been, employed, or

(b) there are, or have been, self-employed persons,

and any premises or place where a social welfare inspector has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.

[1993 s212(10)]

(9) Where any premises or place is liable to be inspected by an inspector or by an officer appointed, employed by, or under the control of, another Minister of the Government, the Minister may make arrangements with that other Minister for any of the powers or duties of a social welfare inspector appointed under this section to be vested in the inspector or officer employed by that other Minister and, where such an arrangement is made, that inspector or officer shall have all the powers of a social welfare inspector appointed under this section for the purposes of the inspection.

[1994 s28(b)]

(10) A social welfare inspector may exercise any of the powers or duties conferred on him or her by this section to investigate, at the request of the competent authority of another Member State or any other country with which the Minister has made a reciprocal arrangement under the provisions of section 287, any claim, by a person resident in the State, for or in respect of any social security payment under the legislation of another Member State, or under the legislation of any other country with which the Minister has made a reciprocal arrangement under those provisions.

[1993 s212(11)]

F1513[(11) Where a person is required bysubsection (4)to produce records required under regulations made undersection 17(5), he or she shall, on the request of a social welfare inspector, produce those records at—

(a) the person’s principal place of business,

(b) the address at which the person ordinarily resides, or

[1993 s212(12)]

(12) If a person fails to comply with a request to produce records undersubsection (11), a social welfare inspector may issue a written request for those records, addressed to the person concerned, by sending it by post in a prepaid registered letter to—

(a) the person’s principal place of business, or

(b) the address at which the person ordinarily resides.]

F1514[(12A) A person who fails to comply with a written request to produce records undersubsection (12)within 21 days following the date of issue of that request is guilty of an offence.

(12B) For the purposes of this section, a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.]

[1993 s212(13)]

(13) Records of persons employed which an employer is obliged to maintain under regulations made under section 17(5) which are produced to a social welfare inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of those persons and of the periods during which those persons were employed by the employer.

[1993 s212(14); 1996 s43]

(14) Where an employer issues to an employee a statement containing the particulars specified in section 3 of the Terms of Employment (Information) Act 1994, he or she shall retain a copy of the statement for 2 years from the date on which that statement was issued and shall give that copy on demand to a social welfare inspector for inspection under this section.

[1999 s26(1)(c)]

(15) A social welfare inspector may, where he or she considers it necessary, be accompanied by a member of the Garda Síochána when performing any power conferred on a social welfare inspector under this section.

[1999 s26(1)(c)]

F1515[(16) For the purposes of ensuring compliance with this Act, a social welfare inspector may, if accompanied by a member of the Garda SíochánaF1516[…], or an officer of the Customs and ExciseF1516[…]—

(a) stop any vehicle, and

(b) on production of his or her certificate of appointment where so requested—

(i) question and make enquiries of any person in the vehicle or in the vicinity of the vehicle, and

(ii) require such person, where the social welfare inspector reasonably suspects that the vehicle is being used in the course of employment or self-employment, to give to the social welfare inspector any record relating to the employment or self-employment of such person which such person has possession of in the vehicle.]

F1517[(16A) For the purposes of ensuring compliance with this Act, a social welfare inspector may attend at any port.

(16B) Where, while attending at any port for the purposes of ensuring compliance with this Act, a social welfare inspector—

(a) has reasonable grounds to believe that there has been a contravention of this Act, and

(b) is accompanied by—

(i) a member of the Garda Síochána,

(ii) an officer of Customs and Excise, or

(iii) an immigration officer,

the social welfare inspector concerned may, on production of his or her certificate of appointment—

(i) question and make enquiries of a person who is a passenger at the port and is preparing to embark, or is embarking, from, or has landed in, the State in relation to any matter that concerns compliance with this Act, and

(ii) request such person to produce to that inspector any documents or other information as that inspector may reasonably require for the purposes of establishing the identity, and, where appropriate, the habitual residence, of that person.]

F1518[(17) In this section—

‘immigration officer’shall be construed in accordance withsection 3(1) of theImmigration Act 2004;

‘officer of Customs and Excise’has the meaning assigned to it by theCustoms Act 1956;

‘passenger’means any person, other than a member of a crew, travelling or seeking to travel on board a ship or aircraft;

‘port’has the meaning assigned to it bysection 1(1) of theImmigration Act 2004.]

250A. F1523[Information to be furnished by financial institutions.

250A.—(1) In this section—

‘authorised officer’means an officer appointed by the Minister undersection 250Bto exercise the powers conferred on him or her by and under this section;

‘books, records or other documents’includes—

(a) any records used in the business of a financial institution, or used in the transfer department of a financial institution acting as registrar of securities, whether—

(i) comprised in bound volume, loose-leaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or

(ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form,

(b) every electronic or other automatic means, if any, by which any such thing in non-legible form is capable of being reproduced,

(c) documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process, and

(d) correspondence and records of other communications between a financial institution and its customers;

‘financial institution’means—

(a) a person who holds or has held a licence undersection 9of theCentral Bank Act 1971, or a person who holds or has held a licence or other similar authorisation under the law of any other Member State which corresponds to a licence granted under that section,

(b) a person referred to insection 7(4) of theCentral Bank Act 1971, or

(c) a credit institution (within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992)) which has been authorised by the Central Bank and Financial Services Authority of Ireland to carry on business of a credit institution in accordance with the provisions of the supervisory enactments (within the meaning of those Regulations).

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Social Welfare Consolidation Act 2005

238. Regulations. [1996 s7(1)]

F1295[PART 7A Back to Work Family Dividend] Annotations Amendments: F1295 Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 8, commenced on enactment.

238A. F1296[Definitions

238B. F1302[Entitlement to dividend

238C. F1320[Duration of dividend

238D. F1323[Rate of dividend

238E. F1325[Regulations

238F. F1326[Cessation of Part 7A

PART 8 EU Payments

239. Certain EU payments — entitlement to island allowance. [2005 (SW&P) s10(b)]

F1328[PART 8A Certain Payments — Entitlement to Island Allowance]

239A. F1329[Certain payments - entitlement to Island Allowance

PART 9 General Provisions Relating to Social Insurance, Social Assistance and Insurability

240. F1330[ Definition.

Chapter 1

241. Claims. [1993 s205(1)]

242. Payments. [1993 s206(1)]

243. Payment in respect of loss of purchasing power. [1998 s11]

244. Payment to persons other than claimant or beneficiary. [1993 s207(1); 1999 s17 & Sch D]

244A. F1384[Information to be supplied by claimants and beneficiaries for profiling and activation purposes.

245. Statutory declarations. [1993 s208]

246. Provision with respect to habitual residence. [2004 (MP) s17 & Sch 1]

Chapter 2

247. Avoidance of multiple payments. [1993 s209(1); 2005 (SW&P) s26 &Sch 4]

247A. F1437[ Disqualification for benefit while participating in certain employment programmes.

247B. F1443[ Disqualification from certain payments while participating in Community Employment.

247C. F1450[ Disqualification from receipt of benefit where identity not authenticated

247D. F1451[ Disqualification from certain payments where person is resident in designated accommodation centre

248. Payments after death. [1993 s210(1); 2005 (SW&P) s26 & Sch 4]

249. Absence from State or imprisonment. [1993 s211(1)]

Chapter 3

250. Social welfare inspectors. [1993 s212(1); 2005 (SW&P) s7(c) & 10(b)]

250A. F1523[Information to be furnished by financial institutions.