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) Notwithstanding any obligation as to secrecy or other restriction upon disclosure of information imposed by or under statute or otherwise, and subject to this section, an authorised officer, for the purpose of ensuring compliance with this Act, who has reasonable grounds to believe that there has been a contravention of this Act by a claimant or beneficiary may serve on a financial institution a notice in writing requiring the financial institution, within such period as may be specified in the notice, not being less than 30 days from the date of the service of the notice to do either or both of the following:

(a) to make available for inspection by the authorised officer such books, records, or other documents specified in the notice as are in the power, possession or procurement of the financial institution and as contain, or may, in the opinion of the authorised officer formed on reasonable grounds, contain information relevant to such contravention;

(b) to furnish to the authorised officer, in writing or otherwise, such information, explanations and particulars specified in the notice as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to such contravention.

(3) Where, in compliance with the requirements of a notice undersubsection (2), a financial institution makes available for inspection by an authorised officer, books, records or other documents, it shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form and any data equipment or any associated apparatus or material.

(4) An authorised officer shall not serve a notice on a financial institution undersubsection (2)—

(a) without the consent in writing of a person designated by the Minister under this section, and

(b) without having reasonable grounds to believe that the financial institution is likely to have information relevant to the claimant or beneficiary concerned and the contravention referred to insubsection (2).

(5) A notice served undersubsection (2)shall name the claimant or beneficiary in respect of whom the authorised officer is enquiring.

(6) Where an authorised officer serves a notice undersubsection (2), the authorised officer shall give the claimant or beneficiary concerned a copy of the notice.

(7) Where, in compliance with a notice served undersubsection (2), a financial institution makes books, records or other documents available for inspection by an authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.

(8) The Minister may designate in writing such and so many officers of the Minister as the Minister considers appropriate to consent to the service of a notice under this section.

(9) Where a notice—

(a) is to be served on a financial institution under this section it may be served—

(i) by leaving it at or sending it by post to the registered office of the body corporate,

(ii) by leaving it at or sending it by post to any place in the State at which the body corporate conducts its business, or

(iii) by sending it by post to any person who is a director, manager, secretary or other officer of the financial institution or is purporting to act in any such capacity, at the place where that person resides,

and

(b) is to be given to a claimant or beneficiary it shall be addressed to the person concerned by name and may be sent or given—

(i) by delivering it to the person,

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

(iii) 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, to that address.

(10) A person who fails or refuses to comply with a notice undersubsection (2)shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding€5,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding€20,000 or imprisonment for a term not exceeding 2 years or both.]

250B. F1524[Authorised officers.

250B.—(1) The Minister may appoint such and so many officers of the Minister as the Minister considers appropriate to be authorised officers for the purposes ofsection 250A.

(2) An authorised officer appointed under this section shall be furnished with a certificate of his or her appointment by the Minister.

(3) When exercising a power conferred on him or her by this section, an authorised officer shall, if requested by a person thereby affected, produce the certificate of his or her appointment to that person.

(4) An appointment under this section shall cease when—

(a) the Minister revokes the appointment,

(b) the person ceases to be an officer of the Minister, or

250C. F1525[Attendance at, and participation in, questioning of detained person by relevant officers during interview by member of An Garda Síochána.

250C.(1) Where a member of An Garda Síochána arrests, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of committing or of having committed an offence undersection 262Aand the person has been taken to and detained in a Garda Síochána station, or if the person is arrested in a Garda Síochána station, has been detained pursuant to section 4 of the Act of 1984, a relevant officer or officers (but not more than 2 such officers) may, if and for so long as the officer or officers is, or are, accompanied by a member of An Garda Síochána, attend at, and participate in, the questioning of a person so detained in connection with the investigation of the offence, but only if the member of An Garda Síochána requests the relevant officer or officers to do so and the member is satisfied that the attendance at, and participation in, such questioning of the relevant officer or officers is necessary for the proper investigation of the offence concerned.

(2) A relevant officer who attends at, and participates in, the questioning of a person in accordance withsubsection (1)may not commit any act or make any omission which, if committed or made by a member of An Garda Síochána, would be a contravention of any regulation made under section 7 of the Act of 1984.

(3) An act committed, or omission made, by a relevant officer who attends at, and participates in, the questioning of a person in accordance withsubsection (1)which, if committed or made by a member of An Garda Síochána, would be a contravention of any regulation made under section 7 of the Act of 1984 shall not of itself render the relevant officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.

(4) Where a person is before a court charged with an offence undersection 262A, a copy of any recording of the questioning of the person by a member of An Garda Síochána or relevant officer while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.

(5) A recording referred to insubsection (4)of the questioning of a person shall not be given to the person by An Garda Síochána except in accordance with a direction or order of a court made under that subsection or otherwise.

(6) A court may admit in evidence at the trial of a person in respect of an offence undersection 262A—

(a) a recording by electronic or similar means, or

(b) a transcript of such a recording,

or both, of the questioning of the person by a member of An Garda Síochána or relevant officer at a Garda Síochána station or elsewhere in connection with the investigation of the offence.

(7) Any statement made by the person concerned that is recorded in a recording which is admitted in evidence under subsection (6) may be admissible in evidence at the trial concerned notwithstanding the fact that—

(a) it was not taken down in writing at the time it was made, or

(b) that statement is not in writing and signed by the person who made it,

or both.

(8)Subsections (6)and(7)shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of An Garda Síochána or relevant officer at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.

(9) In this section—

‘Act of 1984’ means the Criminal Justice Act 1984;

‘recording’ means a recording on tape of—

(a) an oral communication, statement or utterance, or

(b) a series of visual images which, when reproduced on tape, appear as a moving picture,

or both;

‘relevant officer’ means—

(a) a social welfare inspector, or

(b) an authorised officer within the meaning ofsection 250A;

‘tape’ includes—

(a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and

(b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.]

Chapter 4

251. False statements and offences, including offences relating to bodies corporate. [1993 s213(1)]

251.—(1) Where, for the purpose of—

(a) obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person, or

(b) obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person which is in excess of that to which he or she was entitled, or

or for any other purpose connected with this Act, any person—

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

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular,

he or she is guilty of an offence.

[1993 s213(2)]

(2) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) is guilty of an offence.

[1993 s213(3)]

(3) A person convicted of an offence under this section in relation to child benefit shall be disqualified for the receipt of child benefit for 3 months immediately following the date of the conviction.

[1993 s213(4)]

(4) Where a person is convicted of an offence under subsection (1) or (2) and by reason of that offence any benefit (other than F1526[child benefitF1527[…]]) was received by the person’s employee which he or she was not entitled to receive, that person shall be liable to pay to the Minister on demand a sum not exceeding the amount of that benefit which by reason of that offence was paid to that employee while in his or her employment and that sum, if not so repaid, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

[1993 s213(5)]

(5) Notwithstanding subsection (4) or any other provisions of this Act under which amounts of benefit (other than F1526[child benefitF1527[…]]) 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 or she was not entitled to receive.

[1993 s213(6)]

(6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with those regulations and, where those offences are provided for, a person guilty of any such offence is liable on summary conviction to the penalties provided for in section 257(a).

[1993 s213(7)]

(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, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

[1993 s213(8)]

(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 or her knowledge and that the person exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her position as director, manager, secretary or other officer and to all the circumstances.

[1993 s213(9)]

(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 s213(10)]

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

[1993 s213(11)]

(11) A person who fails or neglects to comply with subsection (10) is guilty of an offence.

252. Offences in relation to employment contributions. [1993 s214(1); 1994 s7 & Sch C]

252.—(1) An employer who—

(a) fails to pay at or within a prescribed time any employment contribution which he or she is liable to pay under Part 2,

(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 2 to pay and fails to pay at or within a prescribed time the employment contribution in respect of which the deduction was made,

(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 13(2)(b) and regulations made under section 13(10), or

(e) adjusts the amount of payment of reckonable earnings to an employed contributor in order to avoid payment of contributions at the rate specified in section 13(2)(d)(ii),

is guilty of an offence.

[1993 s214(2)]

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

(a) knowingly makes any statement or representation (whether written or verbal) which is to his or her 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 or she knows to be false in a material particular,

is guilty of an offence.

F1528[(2A) An employed contributor to whomsection 13(4B)applies who—

(a) fails to pay at or within a prescribed time any employment contribution which he or she is liable to pay underPart 2, or

(b) for the purposes of evading or reducing the amount of his or her liability in respect of employment contributions which he or she is liable to pay underPart 2and which he or she has not paid—

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular,

is guilty of an offence.]

[1993 s214(3)]

(3) Where records are required to be kept by employers under regulations made under section 17(5) in so far as they relate to the recording of payment of earnings and the periods to which those earnings refer the records shall be recorded at or before the time of payment of those earnings.

[1993 s214(4)]

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

[1993 s214(5)]

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

(a) on summary conviction, to the penalties provided in section 257(a), or

[2005 (SW&P) s26 & Sch 4]

(b) on conviction on indictment, to a fine not exceeding €13,000 or the amount that 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.

[1993 s214(6); 2005 (SW&P) s26 & Sch 4]

(6) A person who is guilty of an offence under subsection (1)(d) is liable on summary conviction to a fine not exceeding €1,500 or on conviction on indictment to a fine not exceeding €13,000.

[1993 s214(7)]

(7) (a) Where an employer has been convicted under this section of the offence of failing to pay any employment contributions which he or she is liable under Part 2 to pay, he or she is liable to pay to the Social Insurance Fund a sum equal to the amount which he or she 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 before the date when the notice was so served, and on proof of that 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 or she 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 that 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 s214(8)]

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

253. Notification by employer or other person of commencement of employment. [1993 s215(1)]

253.—(1) The Minister may require—

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

(i) any person in his or her employment,

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

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

[1993 s215(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 s215(3)]

(3) A person who fails to comply with this section or regulations made under this section is guilty of an offence.

254. Records to be maintained. [1993 (No.2) s14]

254.—(1) For the purposes of this Act, the Minister may by regulations require—

(a) an employer or any other person to maintain the records that may be prescribed of any person in his or her employment and of any person engaged by him or her under a contract for service to perform a service, or

(b) a person engaged under a contract for service to perform a service to maintain the records that may be prescribed of any person engaged to perform that service either with him or her or on his or her behalf whether under a contract for service or under any other arrangements made or to be made by him or her.

[1993 (No.2) s14]

(2) Records required to be maintained under subsection (1) shall be held at the place and for the period that may be prescribed.

[1993 (No.2) s14]

(3) A person who fails to comply with this section is guilty of an offence.

255. Information to be given by employers to Minister. [1993 s216(1)]

255.—(1) An employer shall give to the Minister in writing in respect of any person who is or was in his or her 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 s216(2)]

(2) Regulations may specify the particulars which an employer shall give under subsection (1) and prescribe the manner in which those particulars shall be so given.

[1993 s216(3)]

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

256. Application of Probation of Offenders Act 1907. [1993 s217]

256.—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 the order until it is satisfied that all arrears in respect of those contributions have been paid by the employer or any amounts due to be repaid in respect of that benefit have been repaid.

257. Penalties. [1993 s218; 2005 (SW&P) s26 & Sch 4]

257.—Except where otherwise provided for, a person guilty of an offence under this Act is liable—

(a) on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €13,000 or imprisonment for a term not exceeding 3 years, or to both.

258. Failure to keep records. [1993 s219(1); 1994 s29]

258.—(1) Where—

(a) an employer has failed to keep records under regulations made under section 17(5) or 254 or has failed to make a notification under regulations made under section 253, or

(b) any other person who engages a person (referred to in this section as a “contracted person”) under a contract for service to perform a service, has failed to keep records under regulations made under section 254 or has failed to make a notification under regulations made under section 253,

and an employee or a contracted person (as the case may be) receives payment, due wholly or partly by reason of that failure, of benefit which he or she was not entitled to receive in respect of any day on which he or she was in the employment of that employer or engaged under a contract for service by the other person, the employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the employee or contracted person (as the case may be) and that sum, where not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1993 s219(2); 1994 s29]

(2) It shall be presumed until the contrary is shown that any payment referred to in subsection (1) was made wholly or partly by reason of the failure of the employer or other person who engages a person under a contract for service to keep the records or to make the notification referred to in that subsection.

[1993 s219(3); 1994 s29]

(3) Where there is a material difference between any document issued by or on behalf of an employer or other person who engages a person under a contract for service, to an employee or contracted person (as the case may be) and any other document given to the Minister or to the Collector-General and the employee or contracted person (as the case may be) wholly or partly as a result of that difference, receives benefit to which he or she was not entitled, the employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the employee or contracted person (as the case may be) and that sum, where not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1993 s219(4); 1994 s29]

(4) For the purposes of subsection (3) an employee or contracted person (as the case may be) shall include the employee’s or contracted person’s spouse F1529[or civil partner] and any other member of the employee’s or contracted person’s household (as the case may be) whose entitlement to benefit is regulated or adjusted by the income of the employee or contracted person (as the case may be).

[1993 s219(5); 1994 s29]

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

259. Loss of benefit due to employer's default. [1993 s220(1)]

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

(a) to pay any employment contribution which under Part 2 he or she is liable to pay in respect of an employed contributor in his or her employment, or

(b) to comply, in relation to any such employed contributor, with any requirement of Part 2 or regulations which relate 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 or she would have been entitled, the 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.

[1993 s220(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 the 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.

[1993 s220(3)]

(3) Where, by virtue of regulations made under section 17—

(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.

[1993 s220(4)]

(4) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of Part 2 or this Part in respect of the same failure or neglect.

[1993 s220(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 the contributor or other person during a period when he or she was losing benefit by reason of that failure or neglect.

[1993 s220(6)]

(6) The amount of assistance paid to an employed contributor or other person during a period when he or she 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 the contributor or other person, from that contributor or other person—

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

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

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

[1993 s220(7)]

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

[1993 s220(8)]

(8) In this section “benefit” means benefit under Part 2.

260. Information required by Minister. [1993 s221; 1998 s22]

260.—(1) 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 the persons that may be prescribed to provide the Minister with the information in relation to those persons or classes of persons that may be prescribed.

[1998 s22; 2005 (SW&P) s26 & Sch 4]

(2) A person who fails to comply with a requirement made of him or her under subsection (1) or regulations made under that subsection is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000.

261. Exchange of information. [1993 s222(1)]

261.—F1530[(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 and contributions underChapter 5Aor5BofPart 2) may be transferred by the Minister to the Revenue Commissioners, and—

(a) information held by the Revenue Commissioners for the purposes of this Act or the Income Tax Acts relating to—

(i) employers,

(ii) reckonable earnings of employed contributors,

(iii) reckonable income or reckonable emoluments of self-employed contributors,

(iv) remuneration of persons to whomChapter 5AofPart 2applies,

(v) income of persons to whomChapter 5BofPart 2applies, or

(vi) any payments made under this Act,

(b) information contained in declarations made in accordance with Regulation 3 of the Income Tax (Relevant Contracts) Regulations 2000 (S.I. No. 71 of 2000),

may be transferred by the Revenue Commissioners to the Minister.]

[1993 s222(2)]

(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 and Family Affairs 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 those 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.

F1531[(2A) Information held by the Minister for the purpose of this Act or the control of schemes administered by or on behalf of the Minister or the Department of Social and Family Affairs may be transferred by the Minister to—

(a) the competent authority of a Member State other than the State, or

(b) an international organisation, any other state or government or the proper authority under any other government in respect of which an order has been made undersection 287.]

F1532[(2B) 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 Protection may be transferred by the Minister to a payment service provider, and information held by a payment service provider which is required for those purposes or the control of any such scheme administered by a payment service provider may be transferred by the payment service provider to the Minister.]

[1993 s222(3); 2005 (SW&P) s23 & Sch 1]

(3) In subsection (2) “specified body” means a local authority, the Executive, the Garda Síochána or any other body established—

(a) by or under any enactment (other than the Companies Acts 1963 to 2005), or

(b) under the Companies Acts 1963 to 2005, 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.

261A. F1539[Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.

261A.—(1) In this section—

F1540[‘specified body’means the Workplace Relations Commission;]

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Minister, the Minister may transfer to the Minister for Enterprise, Trade and Employment or the specified body information held by the Minister in relation to—

(a) the employers of individuals, or

(b) individuals, as to whether or not they are in insurable employment or insurable self-employment,

and information of the type referred to in paragraph (a) or (b) held by the Minister for Enterprise, Trade and Employment or the specified body may be transferred by the Minister for Enterprise, Trade and Employment or the specified body, as the case may be, to the Minister.

(3) Information transferred by the Minister undersubsection (2)to the Minister for Enterprise, Trade and Employment or the specified body may be used only by the Minister for Enterprise, Trade and Employment or the specified body, as the case may be, in the exercise of their powers and functions in relation to employment rights compliance and shall not be disclosed by the Minister for Enterprise, Trade and Employment or the specified body to any other person (other than to each other) for any other purpose whatsoever.]

262. Personal public service number. [1993 s223(1); 2005 (SW&P) s26 & Sch 4]

262.—(1) Subject to this section, in this section and sections 263 to 270—

“personal public service number” means a number allocated and issued in accordance with subsection (2);

“primary account number”, in relation to a F1541[public services card] or a card issued under section 264, means a number consisting of—

(a) an issuer number, issued under licence from the International Standards Organisation,

(b) a personal public service number, and

(c) a card number allocated, in the case of a F1541[public services card], by the Minister or, in any other case, by the person who issued the card;

“public service identity”, in relation to a person, means the information specified in subsection (3) and the person’s personal public service number;

“specified body” shall be read in accordance with Schedule 5;

F1542[‘spouse’means each person of a married couple;]

“transaction” means—

(a) an application,

(b) a claim,

(d) a payment, or

(e) a supply of a service,

relating to a public function of a specified body which relates to a natural person.

[1993 s223(2); 2002 (MP) s12(1)(b)]

(2) The Minister may F1543[, subject tosubsection (2A),] allocate and issue a personal public service number to each person who is the subject of any transaction with a specified body.

F1544[(2A) The Minister shall not allocate and issue a personal public service number to a person unless the Minister is satisfied as to the identity of the person to whom such number is to be allocated and issued.]

[1993 s223(3); 2002 (MP) s12(1)(b)]

(3) (a) For the purposes of allocating and issuing a personal public service number, a person or, in the case of a deceased person, a personal representative, who has any transaction with a specified body shall give to the Minister the following information in relation to the person or the deceased person, as the case may be:

(i) surname;

(ii) forename;

(iii) date of birth;

(iv) place of birth;

(v) sex;

(vi) all former surnames (if any);

(vii) all former surnames (if any) of his or her mother;

(viii) address;

(ix) nationality;

(x) date of death;

F1545[(xa) certificate of death, where relevant;]

F1546[(xb) where required, a photograph of the person, except where the person is deceased;

(xc) where required, the person’s signature, except where the person is deceased;]

F1547[(xd) any other information as may be required for authentication purposes that is uniquely linked to or is capable of identifying that person;]

(xi) any other information that may be prescribed which, in the opinion of the Minister, is relevant to and necessary for the allocation of a personal public service number.

F1548[(b) Where a person who has a transaction with a specified body is under the age of 18 years, the following information shall be given to the Minister in relation to that person by that person’s parent or guardian—

(i) the information specified in paragraph (a), and

(ii) the public service identity of—

(I) his or her mother and father, or

(II) his or her guardian or guardians.]

F1549[(c) Where a person who has a transaction with a specified body is certified by a 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, the following information shall be given to the Minister by any person appointed to act on behalf of that person in accordance with regulations made undersection 244(1)(b)—

(i) the information specified inparagraph (a)in relation to the person so certified, and

(ii) the public service identity of the person so appointed to act on behalf of that person.]

F1550[(3A) An officer of the Minister may retain any document (including a passport, visa, identity card, driving licence, birth certificate or marriage certificate or any other document establishing a person’s nationality or identity), given for any purpose under this Act, for such period as may be reasonable which period shall not in any case exceed 21 days.

(3B) Where a document is retained undersubsection (3A)a receipt in the prescribed form shall be issued in respect of it to the person concerned.]

[1993 s223(4); 2002 (MP) s12(1)(b)]

(4) A person shall give to a specified body his or her personal public service number and the personal public service numbers of his or her spouse F1551[, civil partner or cohabitant] and children, where relevant, as required by the body for the purposes of the person’s transaction.

[2002 (MP) s12(1)(b)]

(5) Where a specified body collects from a person any of the information specified in subsection (3), that information shall also be collected for the purpose of maintaining the person’s public service identity.

[2002 (MP) s12(1)(b)]

(6) (a) Where a specified body has a transaction with a person, the Minister may share the person’s public service identity with the specified body to the extent necessary F1552[in respect of that transaction] for authentication by the specified body of the person’s public service identity.

(b) A specified body may use a person’s public service identity in performing its public functions insofar as those functions relate to the person concerned.

[2002 (MP) s12(1) (b)]

(7) Where an tArd-Chláraitheoir collects information relating to the registration of the birth of a person, the information shall also be collected for the purpose of allocating the person’s personal public service number.

[2002 (MP) s12(1)(b)]

(8) In this section a reference to a personal public service number shall be read as including a reference to a number known as a revenue and social insurance number.

[2002 (MP) s12(1)(b)]

F1553[(9) A person, other than—

(a) the person to whom the personal public service number concerned refers,

(b) the parent or guardian of the person under the age of 18 years to whom the personal public service number concerned refers,

(c) a person who has been appointed to act on behalf of a person in accordance with regulations made undersection 244(1)(b)to whom the personal public service number concerned refers,

(d) a specified body,

(e) a person who has a transaction with a specified body where the personal public service number is relevant to the transaction between the person and the specified body, or

(f) a person who is required to comply withsection 260,261or261Aor regulations made undersection 260,

who uses a personal public service number or seeks to have a personal public service number disclosed to him or her is guilty of an offence.]

262A. F1558[Offence.

262A.—(1) A person is guilty of an offence where, for the purposes of the allocation and issue of a personal public service number to him or her or for any other person (including a deceased person) he or she—

(a) knowingly makes any statement or representation, whether oral or written, which he or she knows to be false or misleading in any material respect, or knowingly conceals any material fact, or

(b) gives or causes or knowingly allows to be given any document or other information which the person is required undersection 262or regulations made thereunder to give and which he or she knows to be false or misleading in any material respect.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding€1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding€25,000 or imprisonment for a term not exceeding 5 years, or to both.]

263. F1559[Public services card] [1998 s14(1)]

263.—F1560[(1) The Minister mayF1561[, subject tosubsection (1C),]issue a card (in this Act referred to as a‘public services card’) to a person in such form as the Minister considers fit for the purposes of carrying out a transaction.]

F1562[(1A) Where a public services card is issued to a person the following information shall be inscribed on it:

(a) the name of that person;

(b) the personal public service number of that person;

(d) the signature of that person;

(e) the issue number of the public services card;

(f) the expiry date of the public services card;

(g) such other information (if any) as may be prescribed by the Minister.

(1B) A public services card shall in addition to the information referred to insubsection (1A)contain the following information which shall be in non-legible form and be capable of being recovered by electronic means:

(a) the name of that person;

(b) the personal public service number of that person;

(d) the place of birth of that person;

(e) the sex of that person;

(f) the nationality of that person;

(g) all former surnames (if any) of that person;

(h) all former surnames (if any) of the mother of that person;

(i) a photograph of that person;

(j) the signature of that person;

(k) the issue number of the public services card;

(l) the expiry date of the public services card;

(m) such other information (if any) as may be prescribed by the Minister.]

F1563[(1C) The Minister shall not issue a public services card to a person unless the Minister is satisfied as to the identity of the person to whom such card is to be issued.]

[1998 s14(1)]

(2) A person may, on request in that behalf to the Minister, obtain within 28 days of that request, where practicable, information which is electronically encoded on his or her F1559[public services card].

[1998 s14(1)]

(3) A person shall produce his or her F1559[public services card] at the request of a specified body for the purposes of a transaction.

[1998 s14(1)]

(4) A person who uses or attempts to use a F1559[public services card] or seeks to have a F1559[public services card] produced to him or her, other than—

(a) the person who is the holder of the card or a person appointed to act on behalf of the cardholder,

(b) a specified body, for the purposes of a transaction, or

(c) a person who has a transaction with a specified body where the personal public service number on the card is relevant to the transaction between that person and the specified body,

is guilty of an offence.

263A. F1564[Cancellation and surrender of public services card.

263A.—(1) The Minister may cancel a public services card issued to a person undersection 263if—

(a) the Minister becomes aware of a fact or a circumstance, whether occurring before or after the issue of the public services card, that would have required or permitted him or her to refuse to issue the public services card undersection 263to the person had the Minister been aware of the fact or the circumstance before the public services card was issued,

(b) the Minister is notified that the public services card is, without lawful authority or reasonable excuse, in the possession or control of another person, or

(c) the Minister is notified by the person, or by another person who has been appointed to act on behalf of that person in accordance with regulations made undersection 244(1)(b), that the public services card has been lost or stolen.

(2) Where a public services card issued to a person is cancelled undersubsection (1), the Minister shall inform the person by notice in writing of the cancellation and the grounds for it.

(3) Where a public services card issued to a person is cancelled undersubsection (1), the person shall, if he or she is in possession or control of the public services card, surrender it as soon as practicable to the Minister.

(4) Where a public services card is cancelled undersubsection (1), the Minister may, if appropriate, require by notice in writing the person who is in possession or control of the public services card to surrender it as soon as practicable to the Minister.

(5) A person who, without lawful authority or reasonable excuse, has a public services card other than a public services card that was issued to him or her in his or her possession or control shall, as soon as practicable, surrender it to the Minister.

(6) A person who is required bysubsection (3),(4)or(5)to surrender a public services card to the Minister, but without reasonable excuse, does not do so in accordance with the requirement, is guilty of an offence.]

F1565[(7) Where a public services card issued to a person is presented to a payment service provider for the purposes of obtaining payment of benefit, the payment service provider may withhold payment, confiscate the card and surrender it as soon as practicable to the Minister if—

(a) the payment service provider becomes aware of a fact or circumstance, whether occurring before or after the issue of the public services card, that would have required or permitted the Minister to refuse to issue the public services card undersection 263to the person had the Minister been aware of the fact or the circumstance before the public services card was issued, or

(b) the payment service provider is notified or becomes aware that the public services card is, without lawful authority or reasonable excuse, in the possession or control of a person other than the person to whom it is allocated and issued undersection 263.]

263B. F1566[ Authentication of identity.

263B.—(1) For the purposes of satisfying himself or herself as to the identity of a person in respect of whom a personal public service number is to be allocated and issued undersection 262, or in respect of whom a public services card is to be issued undersection 263, 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.

(2) The Minister shall retain in electronic form—

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

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

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

264. Payment card. [1998 s14(1)]

264.—F1567[(1) Without prejudice tosection 263, for the purpose of the payment of benefit, the Minister may issue a card, other than a public services card, to a person in such form that the Minister determines.]

F1568[(1A) A card to whichsubsection (1)applies shall contain such information (if any) either inscribed on the card or in non-legible form capable of being recovered by electronic means, as may be prescribed by the Minister.]

[1998 s14(1)]

(2) A person may, on request in that behalf to the Minister, obtain within 28 days of that request, where practicable, information which is inscribed or electronically encoded on the card to which subsection (1) applies and which relates to the person.

[1998 s14(1)]

(3) A person who uses or attempts to use a card to which subsection (1) applies, who is not the holder of the card or a person appointed to act on behalf of the cardholder, for the purposes of obtaining payment of benefit is guilty of an offence.

265.—(1) In this section—

F1569[‘Act of 2018’means the Data Protection Act 2018;]

F1570[‘controller’means a controller within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;]

F1569[‘Data Protection Regulation’means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^32on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

“information” means any personal data or information extracted from that data, whether collected before or after 5 February 1999;

F1570[‘personal data’means personal data within the meaning of—

(a) the Data Protection Regulation, or

(b) Part 5 of the Act of 2018;]

“relevant purpose” means—

(a) for the purposes of determining entitlement to or control of—

(i) benefit,

(ii) a service provided by or under sections 45 F1571[, 45A], 58, 59 and 61 of the Health Act 1970 or regulations made thereunder,

(iii) F1572[…]

(iv) an allowance under the Blind Persons Act 1920,

F1573[(v) a grant—

(I) that—

(A) was awarded in accordance with section 2 (amended bysection 3of theLocal Authorities (Higher Education Grants) Act 1992) of theLocal Authorities (Higher Education Grants) Act 1968, and

(B) was continued under subsections (2) and (3) ofsection 6of theStudent Support Act 2011,

(II) that—

(A) was awarded pursuant to a scheme administered by a vocational education committee (within the meaning ofsection 7of theVocational Education Act 1930) whereby grants were provided to students to assist them in attending courses in higher or further education, and

(B) was continued under subsections (2) and (3) ofsection 6of theStudent Support Act 2011, or

(III) that was awarded under a scheme of grants made pursuant tosection 16of theF1574[Student Support Act 2011,]]

(vi) legal aid awarded under F1575[theCivil Legal Aid Act 1995, or] F1576[, or]

F1578[(vii) financial support under theF1579[Childcare Support Act 2018, or]]

F1577[(viii) the provision of a service under the Automatic Enrolment Retirement Savings System Act 2024,]

(b) for the purposes of—

(i) F1580[(i) carrying out a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009,]

F1581[(ii) allocating a dwelling under section 22 of the Housing (Miscellaneous Provisions) Act 2009,]

(iii) the determining of rent or other payment in accordance with section 58 of the Housing Act 1966,

or the control thereof.

[1998 s14(1)]

(2) A specified body holding information may share that information with another specified body who has a transaction with a natural person relating to a relevant purpose, where the specified body seeking the information provides the personal public service number of the person who is the subject of the transaction and satisfies the F1582[controller] of the specified body holding the information that the information requested is relevant to the transaction for that purpose between the person and the specified body seeking the information.

[1998 s14(1)]

(3) A specified body may only seek information for the purposes of a transaction relating to a relevant purpose.

[1998 s14(1)]

(4) Where information shared between one specified body and another is found to be inaccurate, the specified body on making the discovery shall confirm with the person the correct information and advise the other specified body of the amended information.

[1998 s14(1); 2000 s32(1)(d)]

(5) A person who knowingly seeks or transfers any information held by a specified body relating to another by using that other’s personal public service number, other than where the seeking or transferring of information is provided for under this Act or any other enactment, is guilty of an offence.

266. Data exchange— provision of education. [2000 s32(1); 2003 (MP) s10(c)]

266.—Notwithstanding anything contained in any other enactment, a specified body may share any information that may be prescribed with—

(a) the Minister for Education and Science, where that Minister requires the information for the purpose of enabling him or her to provide education in accordance with section 6(b) of the Education Act 1998, or

F1585[(b) An tÚdarás um Ard-Oideachas, where that body requires the information for the purposes of performing its functions under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9 (1) of the Higher Education Authority Act 2022.]

267.—(1) Notwithstanding anything contained in any other enactment, a specified body may share any information, that may be prescribed, with the Minister for the purpose of seeking from the Minister the personal public service number for each person in respect of whom the information is shared.

[2000 s32(1)]

(2) Information received by the Minister under subsection (1) may be used by the Minister for the purpose of identifying the personal public service number for each person in respect of whom such information is received and for updating the Minister’s own records in respect of that person.

[2000 s32(1)]

(3) Where a specified body has sought a personal public service number under subsection (1) in respect of a person, the Minister may share any information, that may be prescribed, in respect of that person with that specified body for the purpose of giving that specified body the personal public service number relating to the person.

268. Data exchange — health provisions. [2000 s32(1)]

268.—Notwithstanding anything contained in any other enactment, a specified body may share with another specified body information relating to a person using that person’s personal public service number, where that information, other than the personal public service number, is being shared in accordance with the Health (Provision of Information) Act 1997.

269. Data exchange — rented accommodation. [2000 s32(1)]

269.—(1) Notwithstanding anything contained in any other enactment, the Minister may share any information, that may be prescribed, in relation to—

(a) a house let for rent,

(b) a landlord of a house let for rent or his or her agent, or

with a local authority for the purposes of—

(i) assisting a fire authority, within the meaning of the Fire Services Act 1981, in the exercise of its functions under that Act, or

(ii) assisting a housing authority, within the meaning of section 23 (as amended by section 16 of the Housing (Miscellaneous Provisions) Act 2002) of the Housing (Miscellaneous Provisions) Act 1992, in the exercise of its functions under sections 17, 18 and 20 of that Act,

in relation to that house let for rent, the landlord of a house let for rent or his or her agent or the tenant of a house let for rent.

[2000 s32(1)]

(2) Information received by a local authority under subsection (1) may be used by that local authority for the purposes specified in subparagraphs (i) and (ii) of that subsection.

[2000 s32(1)]

(3) In this section “house” has the meaning given to it by section 1 of the Housing (Miscellaneous Provisions) Act 1992.

270. Data exchange — correction of inaccurate information. [2000 s32(1)]

270.—Where the information shared between one specified body and another under section 266, 267, 268 or 269 is found to be inaccurate, the specified body on making the discovery shall confirm with the person the correct information and advise the other specified body of the amended information.

271. Definition of information. [2000 s32(1)]

271.—(1) In sections 266 to 270 “information” means any personal data or information extracted from that data.

[2000 s32(2)]

(2) Sections 266 to 271 apply to information used for the purposes of section 266, 267, 268 or 269 whether collected before or after 31 July 2000.

272. Provisions relating to prosecutions. [1993 s224(1); 2005 (SW&P) s23 & Sch 1]

272.—F1586[(1) A prosecution for a summary offence may be brought at the suit of—

(a)the Minister, or

(b)the Collector-General in any case arising out of the exercise of his or her functions under this Act.]

[1993 s224(2); 1999 s28(1)]

(2) An officer of the Minister shall not institute any summary proceedings for an offence under this Act at the suit of the Minister unless the officer is authorised in that behalf by special or general directions of the Minister or the Minister has consented to the initiation of those proceedings.

[1993 s224(3); 2005 (SW&P) s17]

(3) Notwithstanding 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) 2 years commencing on the date on which the offence was committed, or

(b) 18 months commencing on the date on which evidence sufficient to justify the institution of the prosecution came into the possession of the Minister.

[1993 s224(4)]

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

[1993 s224(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 the 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 or her behalf) and, where the information is false, with full knowledge of its falsity and with intent that it should deceive; but this presumption may be rebutted.

[1993 s224(6)]

(6) (a) 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 facts set out in paragraph (b), shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.

(b) The facts referred to in paragraph (a) are that a person is an officer of the Minister and that he or she has been authorised under a special or general direction of the Minister to institute the proceedings, or that the Minister has consented to the institution of those proceedings.

[1993 s224(7); 2001 s25(1)]

(7) (a) In proceedings instituted by virtue of section 17, a certificate purporting to be signed by an officer of the Revenue Commissioners 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 is deemed until the contrary is proved to have been signed by that officer.

[1993 s224(7)]

(b) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings applies to proceedings by virtue of section 17.

273. Civil proceedings — Criminal Assets Bureau. [1999 s28(2)]

273.—Any proceedings, other than for the prosecution of an offence, arising out of the exercise by an officer of the Minister who is a bureau officer, of his or her powers or duties under this Act may be brought by or against the Criminal Assets Bureau.

274. Evidence. [1993 s225(1)]

274.—(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 and Family Affairs 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 and Family Affairs 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;

F1587[‘specified agency’means a payment service provider or a person authorised to carry on banking business undersection 9of theCentral Bank Act 1971.]

[1993 s225(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.

[1993 s225(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 subsection (2) shall be evidence of the fact of the making of the copy record and that it is a true copy, until the contrary is shown.

[1993 s225(4)]

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

[1993 s225(5)]

(5) In any proceedings any provable record may be given in evidence and shall be prima facie evidence of any fact stated in or event recorded by that record, if 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.

[1993 s225(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.

[1993 s225(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 those 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, if the court is satisfied—

(a) as to the reliability of the system used to compile or make and keep the 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.

[1993 s225(8)]

(8) This section applies to any original record or to any copy record made before 26 March 1989, in accordance with either of the methods referred to in subsection (2) but the proviso in 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.

274A. F1588[Evidence in proceedings in relation to proving unemployment by electronic communication.

274A.—(1) Where a person is required, for the purposes ofsection 62,F1589[68C,68KBor141], to prove unemployment and make a declaration for that purpose and the person has proved unemployment and made a declaration in the prescribed manner, by means of an electronic communication—

(a) a certificate signed by an officer of the Minister, authorised by the Minister in that behalf, stating—

(i) that he or she has examined the record relating to the proving of unemployment and the making of a declaration for that purpose by the person by means of the electronic communication in the prescribed manner,

(ii) that a record of that electronic communication has been made, and

(iii) the date on which that electronic communication was made,

shall be admissible in evidence in any proceedings (whether civil or criminal) before a court and shall be evidence of those facts unless the contrary is proved in any such proceedings, and

(b) it shall be presumed, unless the contrary is proved in any such proceedings, that—

(i) a declaration that purports to have been made by a person by means of an electronic communication, was made by that person,

(ii) a declaration which purports to have been made by a person by means of an electronic communication in respect of a particular period, was made in respect of that period,

(iii) any equipment used to make the electronic communication operated effectively, and

(iv) the method of electronic communication used for the purpose of making a declaration operated effectively.

(2) Any declaration made by means of an electronic communication in accordance with this Act shall be deemed to be a declaration made in the prescribed manner undersection 62,F1589[68C,68KBor141].

(3) Any declaration made by means of an electronic communication in accordance with this Act shall be deemed to be a statement or representation for the purposes ofsection 251.

(4) A document purporting to be a certificate referred to insubsection (1)(a)shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been signed in accordance with an authorisation referred to insubsection (1)(a)unless the contrary is proved.]

Chapter 5

275. Application. [1993 s226]

275.—In this Chapter “a document to which this Chapter applies” means every book, card, order, voucher or other document issued to any person and on the delivery or production or in respect of the possession of which by that person on or after a date indicated expressly or by implication in that document and after the issue of that document any benefit is payable to him or her.

276. Prohibition of alienation of documents. [1993 s227]

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

277. Avoidance of alienation of documents. [1993 s228]

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

278. Return of documents on demand. [1993 s229(1)]

278.—(1) Every person who, by virtue of an alienation or purported alienation declared by this Chapter to be void, has in his or her 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 immediately deliver the document to the inspector or, where no such demand is made by a social welfare inspector, on demand by the owner of the document or his or her duly authorised agent, immediately deliver the document to the owner or agent.

[1993 s229(2)]

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

[1993 s229(3)]

(3) Where a person is convicted of an offence under this section the court by which he or she 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 of the document or, where appropriate, to a social welfare inspector.

Chapter 6

279. Provisions relating to maintenance. [1993 s230]

279.—Regulations may provide for determining the circumstances in which a person is or is not to be deemed for the purposes of Part 2 to be wholly or mainly maintaining another person.

280. Free certificates. [1993 s231(1); 1997 s22(3)]

280.—(1) The Minister may arrange for the issue for the purposes of Part 2 or 3 of medical certificates or certificates of expected or actual confinement free of charge.

[1993 s231(2)]

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

281. Stamp duty. [1993 s232]

281.—Stamp duty shall not be chargeable on any document by which any payment, refund, repayment or return under this Act is made.

282. Birth, marriage and death certificates. [1993 s233(1)]

282.—(1) F1590[…]

[1993 s233(2)]

(2) F1590[…]

[1993 s233(3)]

(3) F1590[…]

[1993 s233(4)]

(4) F1590[…]

283. Inalienability. [1993 s234]

283.—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.

284. Means for purpose of Debtors Act (Ireland) 1872. [1993 s235]

284.—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.

285. Exclusion in assessment of damages. [1993 s236(1); 1997 s20 & Sch E]

285.—F1591[(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 24 February 1981, there shall not be taken into account any child benefit, bereaved partner’s (contributory) pension, guardian’s payment (contributory), one-parent family payment in the case of a person who qualifies for that payment by virtue of being a bereaved partner, bereaved partner’s (non-contributory) pension or guardian’s payment (non-contributory).]

[1993 s236(2); 1997 s20 & Sch E]

(2) Subject to sections 96 and 286, 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 2, F1592[bereaved partner’s (non-contributory) pension,] F1593[guardian’s payment (non-contributory)] or child benefit.

286. Taking account of disability benefit and invalidity pension in assessing certain damages. [1993 s237(1); 2005 (SW&P) s26 & Sch 4]

286.—(1) F1594[…]

[1993 s237(2)]

(2) F1594[…]

[1993 s237(3)]

(3) F1594[…]

[1993 s237(4)]

(4) F1594[…]

287. Reciprocal arrangements. [1993 s238(1); 1997 s20 & Sch E]

287.—(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 2, F1595[social assistance underPart 3, child benefit underPart 4, or any other scheme, or payment, under this Act] and may by any such order make any adaptations of and modifications in respect of these matters that he or she considers necessary.

[1993 s238(2)]

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

F1596[(3) Without prejudice to the generality ofsubsections (1)and(2), the Minister, in an order under this section, may provide for the manner in which—

(a) a reciprocal or other arrangement that is the subject of the order is to apply to persons, or different categories of persons, to whom a different reciprocal or other arrangement, provided for in another order under this section, applies, and

(b) the different reciprocal or other arrangement referred to in paragraph (a) is to apply to persons, or different categories of persons, to whom the reciprocal or other arrangement that is the subject of the order applies.

(4) In this section, a reference to ‘reciprocal or other arrangement’ includes an agreement which is intended to be binding on the State, the Government or the Minister but which has not, at the time of the making of an order under this section, become binding and to which the Minister is satisfied the international organisation, any other state or government or the proper authority under any government, referred to insubsection (1), is giving effect.]

288. Provision of consultancy, training and contract services, etc. [1994 s33]

288.—(1) The Minister may, with the consent of the Minister for Finance, for gain or otherwise, promote and enter into, with a specified body—

(a) a contract or an agreement for the provision by him or her to, or

(b) a contract, agreement or a joint venture for the provision by him or her with,

that body, of consultancy, advisory, training, technical assistance or contract services or the sale or provision of computer products, inside and outside the State.

[1994 s33]

(2) In this section “specified body” means—

(a) a body established by or under any enactment (other than the Companies Acts 1963 to 2005),

(b) a body established under the Companies Acts 1963 to 2005,

(c) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraphs (a) and (b),

(d) an institution of the European Communities,

(e) a competent authority of a state other than the State, or

(f) the United Nations, the World Bank or any other international institution recognised by the State.

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

[1993 s239(2)]

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

289A. F1597[Arrangements with payment service providers.

289A.—The Minister, with the consent of the Minister for Public Expenditure and Reform, may enter into an arrangement with a person, in this section referred to as a ‘payment service provider’ for the provision of services by that payment service provider to the Minister in relation to the functions conferred on the Minister by or under this Act concerning the payment of benefit or assistance.]

290.—(1) The Minister may make regulations to provide that where a beneficiary consents, an amount of his or her benefit, which is determined by consultation and agreement between the Minister and the beneficiary, may be withheld F1598[, subject tosection 290B,] and paid F1599[, subject tosubsection (3A),] separately by the Minister to any specified body designated by the beneficiary.

[1993 s240(2)]

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

(a) the withdrawal of consent by a beneficiary,

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

[1993 s240(3); 1996 s42]

(3) In this section “a specified body” means—

(a) a local authority F1600[, other than any functions performed by a local authority under section 23 (amended bysection 8of theHousing (Miscellaneous Provisions) Act 2009) of theHousing (Miscellaneous Provisions) Act 1992],

(b) any other body established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2005), or

(ii) under the Companies Acts 1963 to 2005, 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,

F1601[(ba) an authorised undertaking within the meaning of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003),]

F1602[(bb) a person granted a licence to supply electricity in accordance withsection 14(1) of theElectricity Regulation Act 1999,

(bc) a person granted a licence to supply natural gas in accordance withsection 16(1) of theGas (Interim) (Regulation) Act 2002,]

F1603[(bd) a credit union within the meaning of theCredit Union Act 1997,]

F1604[(3A) For the purposes ofsubsection (1), a payment to a credit union referred to insubsection (3)(bd)may be made—

(a) in respect of a scheme that—

(i) is approved by the Minister, and

(ii) relates to a class or classes of borrowings from a credit union as may be prescribed,

and

(b) where the beneficiary concerned is a member of the credit union to which the payment is made under this section.

(3B) Without prejudice tosubsections (1)or(2), for the purposes ofsubsection (3A), the Minister may, in regulations made under this section, prescribe—

(a) a class or classes of borrowings by a beneficiary from a credit union in respect of which payments under this section are to be made,

(b) the maximum amount of such borrowings which shall not exceedF1605[€5,000],

F1609[(c) the interest rate charged in respect of such borrowings, the maximum amount of which shall not exceed the interest rate specified by the Minister for Finance in an order under section 38(3) of the Credit Union Act 1997,]

(d) the duration of the period for repayment, by the beneficiary concerned, of theF1606[borrowings, and]]

F1607[(e) the discharge, by the Minister, of any transaction fee, which shall not exceed €0.50 per transaction, in respect of which repayments in relation to borrowings under this section are to be made by a beneficiary.]

F1608[(4) On and after the commencement ofsection 15of the Social Welfare Act 2012, an amount of benefit under this section shall not be withheld where the purpose of such withholding of benefit is the separate payment, by the Minister, of rent to a local authority pursuant to this section and regulations made under it.

(5) Nothing insubsection (4)shall affect any withholding of benefit under this section where—

(a) the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority, pursuant to this section and regulations made under it, and

(b) such withholding of benefit and such separate payment has effect immediately before the commencement ofsection 15of the Social Welfare Act 2012.

(6) Where—

(a) a beneficiary has consented to the withholding of an amount of benefit under this section before the commencement ofsection 15of the Social Welfare Act 2012,

(b) the purpose of such withholding of benefit is to provide for the separate payment, by the Minister, of rent to be paid by a beneficiary to a local authority pursuant to this section and regulations made under it, and

(c) such withholding of benefit and such separate payment has not taken effect before the commencement ofsection 15of the Social Welfare Act 2012,

nothing insubsection (4)shall prevent the taking effect of such withholding of benefit and such separate payment.]

290A. F1610[Budgeting in relation to certain rent payments.

F1611[290A.(1) This section applies to a beneficiary who is—

(a) a tenant of a housing body, or

(b) a tenant of a dwelling that is the subject of housing assistance undersection 39of the Housing (Miscellaneous Provisions) Act 2014,

and who is entitled to a benefit prescribed under this section.]

(2) The Minister may make arrangements for—

(a) the deduction, subject tosection 290B, of a sum of money from a benefit paid to a beneficiary, and

(b) the payment, on behalf of the beneficiary, of that deducted sum to a housing body for the purpose of the payment of the rent payable to the housing body by that beneficiary.

(3) The Minister—

(a) may enter into an agreement with a person, for a specified period, for the purpose of carrying out the arrangement referred to insubsection (2), and

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Social Welfare Consolidation Act 2005

250B. F1524[Authorised officers.

250C. F1525[Attendance at, and participation in, questioning of detained person by relevant officers during interview by member of An Garda Síochána.

Chapter 4

251. False statements and offences, including offences relating to bodies corporate. [1993 s213(1)]

252. Offences in relation to employment contributions. [1993 s214(1); 1994 s7 & Sch C]

253. Notification by employer or other person of commencement of employment. [1993 s215(1)]

254. Records to be maintained. [1993 (No.2) s14]

255. Information to be given by employers to Minister. [1993 s216(1)]

256. Application of Probation of Offenders Act 1907. [1993 s217]

257. Penalties. [1993 s218; 2005 (SW&P) s26 & Sch 4]

258. Failure to keep records. [1993 s219(1); 1994 s29]

259. Loss of benefit due to employer's default. [1993 s220(1)]

260. Information required by Minister. [1993 s221; 1998 s22]

261. Exchange of information. [1993 s222(1)]

261A. F1539[Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.

262. Personal public service number. [1993 s223(1); 2005 (SW&P) s26 & Sch 4]

262A. F1558[Offence.

263. F1559[Public services card] [1998 s14(1)]

263A. F1564[Cancellation and surrender of public services card.

263B. F1566[ Authentication of identity.

264. Payment card. [1998 s14(1)]

265. Sharing of information. [1998 s14(1); 2000 s32(1)(b)]

266. Data exchange— provision of education. [2000 s32(1); 2003 (MP) s10(c)]

267. Data exchange — sharing of personal public service number. [2000 s32(1)]

268. Data exchange — health provisions. [2000 s32(1)]

269. Data exchange — rented accommodation. [2000 s32(1)]

270. Data exchange — correction of inaccurate information. [2000 s32(1)]

271. Definition of information. [2000 s32(1)]

272. Provisions relating to prosecutions. [1993 s224(1); 2005 (SW&P) s23 & Sch 1]

273. Civil proceedings — Criminal Assets Bureau. [1999 s28(2)]

274. Evidence. [1993 s225(1)]

274A. F1588[Evidence in proceedings in relation to proving unemployment by electronic communication.

Chapter 5

275. Application. [1993 s226]

276. Prohibition of alienation of documents. [1993 s227]

277. Avoidance of alienation of documents. [1993 s228]

278. Return of documents on demand. [1993 s229(1)]

Chapter 6

279. Provisions relating to maintenance. [1993 s230]

280. Free certificates. [1993 s231(1); 1997 s22(3)]

281. Stamp duty. [1993 s232]

282. Birth, marriage and death certificates. [1993 s233(1)]

283. Inalienability. [1993 s234]

284. Means for purpose of Debtors Act (Ireland) 1872. [1993 s235]

285. Exclusion in assessment of damages. [1993 s236(1); 1997 s20 & Sch E]

286. Taking account of disability benefit and invalidity pension in assessing certain damages. [1993 s237(1); 2005 (SW&P) s26 & Sch 4]

287. Reciprocal arrangements. [1993 s238(1); 1997 s20 & Sch E]

288. Provision of consultancy, training and contract services, etc. [1994 s33]

289. Administration of social welfare schemes. [1993 s239(1)]

289A. F1597[Arrangements with payment service providers.

290. Budgeting in relation to social welfare payments. [1993 s240(1)]

290A. F1610[Budgeting in relation to certain rent payments.