Social Welfare Consolidation Act 2005

‘debt’in relation to a notice of attachment given to a relevant person in respect of an overpaid person and in relation to that relevant person and overpaid person, means the amount of any money which, at the time the notice of attachment is received by the relevant person, is due by the relevant person (whether on that person’s own account or as an agent or trustee) to the overpaid person, irrespective of whether the overpaid person has applied for the payment (to the overpaid person or any other person) or for the withdrawal of all or part of the money;

‘deposit’means an amount of money paid to a financial institution on terms under which it will be repaid with or without interest and either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the financial institution to which it is made;

‘emoluments’has the same meaning as section 983 of the Act of 1997;

‘financial institution’has the same meaning assection 250Aand includes a branch of a financial institution which records deposits in its books as liabilities of the branch;

‘notice of attachment’means a notice undersection 343H;

‘notice of revocation’means a notice undersection 343I;

‘overpaid person’shall be construed in accordance withsection 343B;

F1751[‘public body’means—

(a)a Department of State,

(b) a local authority, or

(c) a body established by any enactment.]

‘relevant amount’shall be construed in accordance withsection 343B;

‘relevant period’in relation to a notice of attachment, means, as respects the relevant person to whom the notice of attachment is given, the period commencing at the time at which the notice is received by the relevant person and ending on the earliest of—

(a) the date on which the relevant person completes the payment to the Minister out of the debt, or the aggregate of the debt and any additional debt, due by the relevant person to the overpaid person named in the notice, of an amount equal to the relevant amount in relation to the overpaid person,

(b) the date on which the relevant person receives a notice of revocation of the notice of attachment, and

(c) where the relevant person or the overpaid person named in the notice—

(i) is declared bankrupt, the date on which the relevant person or the overpaid person is so declared, or

(ii) is a company which commences to be wound up, the relevant date within the meaning ofsection 285of theCompanies Act 1963, in relation to the winding up;

‘relevant person’in relation to an overpaid person, means a person in respect of whom the Minister has reason to believe may have, at the time a notice of attachment is received by such person in respect of an overpaid person, a debt due to the overpaid person.]

343B. F1752[Person to whom notice of attachment may be given

343B.(1) For the purposes of this Part, a person who is liable undersection 335,336,337or338to pay to the Social Insurance Fund or the Minister, on demand, a sum referred to in one or more than one of those sections shall be referred to as the‘overpaid person’and the sum which the overpaid person is so liable to pay shall be referred to as the‘relevant amount’.

(2) Notwithstanding that the Minister may recover the relevant amount by other methods, subject to this Part, the Minister may give a notice of attachment to an overpaid person—

(a) who fails to—

F1753[(i) repay the relevant amount, or]

(ii) respond, to the satisfaction of the Minister, to a notice undersection 343D(1),

and

(b) to whom the Minister has given a notice undersection 343D(3).]

343C. F1754[ Circumstances of overpaid person

343C.Prior to giving a notice undersection 343D(1), the Minister, in determining the circumstances of the overpaid person shall take into account the following matters:

(a) his or her personal and family circumstances;

(b) any statutory deductions that may affect his or her earnings or income;

(c) the amount of the overpayment;

(d) the period of time for which the overpayment is outstanding;

(e) the amount of net income or earnings of the overpaid person;

(f) the employment circumstances of the overpaid person;

(g) the amount of debt due to the overpaid person.]

343D. F1755[Proposal to give a notice of attachment

343D.(1)F1756[Subject tosubsection (4), before]giving a notice of attachment to an overpaid person, the Minister shall give notice in writing to the overpaid person—

(a) requesting him or her to make arrangements to repay the relevant amount,

(b) requesting him or her to respond furnishing any representations that he or she wishes to make in relation to the matter for consideration by the Minister, and

(c) stating that if the overpaid person fails to make arrangements to repay or respond to the satisfaction of the Minister within 14 days of the date of the notice under this subsection, the Minister intends to proceed with a notice of attachment relating to the overpaid person.

(2) The Minister shall give due consideration to any response received from the overpaid person undersubsection (1)before he or she decides to give a notice undersubsection (3).

(3) Having considered any response undersubsection (2)the Minister shall give a notice in writing to the overpaid person (whether or not the document containing the notice also contains other information being communicated by the Minister to the overpaid person), not later than 28 days before the receipt by the relevant person or relevant persons concerned of a notice of attachment, stating that if the relevant amount is not paid it may be specified in a notice of attachment or notices of attachment and recovered under this Part from a relevant person or relevant persons in relation to the overpaid person.]

F1757[(4) A bureau officer may give a notice of attachment for the purposes of this Part to an investigated person in respect of a relevant amount without giving the investigated person notice undersubsection (1)or(3).

(5) A notice of attachment given in accordance withsubsection (4)shall be deemed for the purposes of this Part to be a notice of attachment given by the Minister under this Part.

(6) In this section, ‘investigated person’ means an overpaid person to whom an investigation under section 5(1)(c) or (d) of the Criminal Assets Bureau Act 1996 relates.]

343E. F1758[Attachment of earnings

343E.(1) A notice of attachment may relate to any amount of money due by the relevant person to the overpaid person as emoluments under a contract of service.

(2) A notice of attachment referred to insubsection (1)may provide, as the Minister considers appropriate, for the payment by the relevant person of an amount out of the emoluments, over a period specified in the notice, by the periodical deductions of such amounts as are specified in the notice.

(3) The Minister, in determining the rate of periodical deductions undersubsection (2), and in addition to considering the matters undersection 343Cshall not—

(a) without the prior written agreement of the overpaid person, determine a rate that exceeds 15 per cent of the net weekly emoluments to which the person concerned is or becomes entitled, or

(b) determine a rate that exceeds an amount that will cause the overpaid person to become entitled to claim for supplementary welfare allowance undersection 196.

(4) Where the Minister gives a notice of attachment referred to insubsection (1)to a relevant person—

(a) the relevant person shall not be liable for failure to comply with it before 10 days have elapsed since the giving of the notice,

(b) if the overpaid person to whom it refers is not in the employment of the relevant person or ceases to be in the employment of the relevant person after it is given, that relevant person shall (in either case) within 10 days from the date of receipt of the notice, make a return of that fact to the Minister, and

(c) on any occasion when a relevant person makes, in compliance with a notice of attachment, a deduction from an overpaid person’s earnings, the relevant person shall give, in such manner and form as directed in the notice of attachment, to the overpaid person a written statement of the total amount of the deduction.

(5) Where the Minister gives a notice of attachment referred to insubsection (1)—

(a) the overpaid person shall—

(i) notify the Minister in writing of every occasion on which he or she leaves any employment, or becomes employed or re-employed, not later (in each case) than 10 days from the date on which he or she does so, and

(ii) include in the notice referred to insubparagraph (i)particulars of his or her earnings and expected earnings from the relevant employment,

and

(b) any relevant person who is an employer of the overpaid person and knows that the notice of attachment has been given, within 10 days of the occurrence of a matter referred to inparagraph (a)and in such manner and form as directed in the notice of attachment, shall notify the Minister in writing of any change in earnings paid to the overpaid person.]

343F. F1759[Attachment of money in financial institution

343F.(1) For the purposes of a notice of attachment, where a relevant person is a financial institution, any amount of money, including interest on that money, which at the time the notice of attachment is received by the relevant person is a deposit held by the relevant person—

(a) to the credit of the overpaid person for the overpaid person’s sole benefit, or

(b) to the credit of the overpaid person and any other person or persons for their joint benefit,

shall be regarded as a debt due by the relevant person to the overpaid person at that time.

(2) Subject tosubsection (3), wheresubsection (1)applies, a deposit held by a relevant person which is a financial institution to the credit of the overpaid person and any other person or persons (in this subsection referred to as the‘other party or parties’) for their joint benefit shall be deemed to be held for the benefit of the overpaid person and the other party or parties to the deposit equally, and accordingly only the portion of the deposit so deemed shall be regarded as a debt due by the relevant person to the overpaid person.

(3) Where evidence of the amount of the deposit referred to insubsection (2)that is held to the benefit of the overpaid person is produced to the satisfaction of the relevant person within 10 days of the giving of the notice undersection 343H(5), only so much of the deposit as is shown to be held to the benefit of the overpaid person shall be regarded as a debt due by the relevant person to the overpaid person at that time.

(4) Where a notice of attachment is given to a relevant person which is a financial institution, the Minister, in addition to considering the matters undersection 343C, shall not specify an amount in the notice that exceeds an amount that will cause the overpaid person to become entitled to claim for supplementary welfare allowance undersection 196.

(5) Where, undersection 343Hany amount is paid to the Minister by a relevant person which is a financial institution in accordance with a notice of attachment, that relevant person, within 10 days and in such manner and form as directed in the notice of attachment, shall give the overpaid person concerned a notice in writing informing him or her of the payment and its amount.]

343FA. F1760[Attachment of money from State

343FA.(1) For the purposes of a notice of attachment, where a relevant person is a Minister of the Government (including the Minister) or a public body, any amount of money, including interest on that money, which at the time the notice of attachment is received by the relevant person is—

(a) to be paid to the overpaid person for the overpaid person’s sole benefit, or

(b) to be paid to the overpaid person and any other person or persons for their joint benefit,

under any enactment that may be prescribed, shall be regarded as a debt due by the relevant person to the overpaid person at that time.

(2) Subject tosubsection (3), wheresubsection (1)applies, the amount due to the overpaid person and any other person or persons (in this subsection referred to as the‘other party or parties’) for their joint benefit shall be deemed to be due to the overpaid person and the other party or parties in equal shares, and accordingly only the portion of the amount due so deemed shall be regarded as a debt due by the relevant person to the overpaid person.

(3) Where evidence of the amount referred to insubsection (2)that is due to the overpaid person is produced to the satisfaction of the relevant person within 10 days of the giving of the notice undersection 343H(5A), only so much of the amount as is shown to be due to the overpaid person shall be regarded as a debt due by the relevant person to the overpaid person at that time.

(4) Where a notice of attachment is given to a relevant person who is a Minister of the Government (including the Minister) or a public body, the Minister, in addition to considering the matters undersection 343C, shall not specify an amount in the notice that exceeds an amount that will cause the overpaid person to become entitled to claim for supplementary welfare allowance undersection 196.

(5) Where, undersection 343Hany amount is paid to the Minister by a relevant person who is a Minister of the Government (including the Minister) or a public body in accordance with a notice of attachment, that relevant person, within 10 days and in such manner and form as directed in the notice of attachment, shall give the overpaid person concerned a notice in writing informing him or her of the payment and its amount.]

343G. F1761[Dispute

343G.Where there is a dispute as to an amount of money which is due by the relevant person to the overpaid person, the amount in dispute shall be disregarded by the relevant person for the purposes of determining the amount of the debt and specifying the debt in the reply delivered to the Minister undersection 343H(1)(c)(i).]

343H. F1762[Notice of attachment

343H.(1) Where an overpaid person fails to repay the relevant amount, the Minister may give to a relevant person, in relation to the overpaid person, a notice in writing (in this section referred to as the‘notice of attachment’) in which is entered—

(a) the overpaid person’s name and address,

(b) the relevant amount, or, in a case where a notice of attachment is given to more than one relevant person in respect of an overpaid person, a portion of the relevant amount as determined appropriate by the Minister, and

(c) a direction to the relevant person—

(i) subject tosubsections (2)and(3), to deliver to the Minister, within the period of 10 days from the date on which the notice of attachment is received by the relevant person, a reply in writing specifying whether or not any debt is due by the relevant person to the overpaid person on the date that the notice is received by the relevant person and, if any debt is so due, specifying the amount of the debt, and

(ii) if the amount of any debt is so specified, to pay to the Minister within the period referred to insubparagraph (i), an amount equal to the amount of the debt so specified.

(2) Where the amount of the debt due by the relevant person to the overpaid person is equal to or greater than the relevant amount, the amount of the debt specified in the reply shall be an amount equal to the relevant amount.

(3) A relevant person to whom a notice of attachment has been given shall comply with the direction in the notice.

(4) Where the relevant person is a financial institution and the debt due by the relevant person to the overpaid person is part of a deposit held to the credit of the overpaid person and any other person or persons for their joint benefit, a reply shall be made within a period of 10 days from—

(a) the expiry of the period specified in the notice to be given undersubsection (5), or

(b) the production of the evidence referred to insubsection (5)(ii).

(5) Where a relevant person which is a financial institution is given a notice of attachment and the debt due by the relevant person to the overpaid person is part of a deposit held by the relevant person to the credit of the overpaid person and any other person or persons (in this subsection referred to as the‘other party or parties’) for their joint benefit, the relevant person shall on receipt of the notice of attachment give to the overpaid person and the other party or parties to the deposit a notice in writing in which is entered—

(a) the overpaid person’s name and address,

(b) the name and address of the other party or parties to whom a notice under this paragraph is given,

(c) the name and address of the relevant person, and

(d) the specified relevant amount,

and which states that—

(i) a notice of attachment under this section has been received in respect of the overpaid person,

(ii) under section343F(2)a deposit is deemed, subject tosection 343F(3), to be held to the benefit of the overpaid person and the other party or parties to the deposit equally, and

(iii) unless such evidence, referred to insection 343F(3)is produced within 10 days of the giving of the notice under this subsection—

(I) an amount equal to the amount of the deposit so deemed to be held to the benefit of the overpaid person (and accordingly regarded as a debt due to the overpaid person by the relevant person) shall be paid to the Minister, where that amount is equal to or less than the relevant amount, and

(II) where the amount of the deposit so deemed to be held to the benefit of the overpaid person (and accordingly regarded as a debt due to the overpaid person by the relevant person) is greater than the relevant amount an amount equal to the relevant amount shall be paid to the Minister.

F1763[(5A) Where a relevant person who is a Minister of the Government (including the Minister) or a public body is given a notice of attachment and the debt due by the relevant person to the overpaid person is part of an amount due to the overpaid person and any other person or persons (in this subsection referred to as the‘other party or parties’) for their joint benefit, the relevant person shall on receipt of the notice of attachment give to the overpaid person and the other party or parties a notice in writing in which is entered—

(a) the overpaid person’s name and address,

(b) the name and address of the other party or parties to whom a notice under this subsection is given,

(c) the name and address of the relevant person, and

(d) the specified relevant amount,

and which states that—

(i) a notice of attachment under this section has been received in respect of the overpaid person,

(ii) undersection 343FA(2)an amount is deemed, subject tosection 343FA(3), to be due to the overpaid person and the other party or parties equally, and

(iii) unless such evidence, referred to insection 343FA(3)is produced within 10 days of the giving of the notice under this subsection—

(I) an amount equal to the amount deemed due to the overpaid person (and accordingly regarded as a debt due to the overpaid person by the relevant person) shall be paid to the Minister, where that amount is equal to or less than the relevant amount, and

(II) where the amount so deemed to be due to the overpaid person (and accordingly regarded as a debt due to the overpaid person by the relevant person) is greater than the relevant amount an amount equal to the relevant amount shall be paid to the Minister.]

(6) If, when a relevant person receives a notice of attachment, the amount of the debt due by the relevant person to the overpaid person named in the notice is less than the relevant amount in relation to the overpaid person or no debt is so due and, at any time after the receipt of the notice and before the end of the relevant period in relation to the notice, an additional debt becomes due by the relevant person to the overpaid person, the relevant person shall within 10 days of that time—

(a) if the aggregate of the amount of any debt so due and the additional debt so due is equal to or less than the relevant amount in relation to the overpaid person—

(i) send a further statement to the Minister specifying the additional debt, and

(ii) pay to the Minister the amount of the additional debt,

and so on for each subsequent occasion during the relevant period in relation to the notice of attachment on which an additional debt becomes due by the relevant person to the overpaid person until—

(I) the aggregate amount of the debt and the additional debt or debts so due equals the relevant amount in relation to the overpaid person, or

(II)paragraph (b)applies in relation to an additional debt,

and

(b) if the aggregate amount of any debt and the additional debt or debts so due to the overpaid person is greater than the relevant amount in relation to the overpaid person—

(i) send a further statement to the Minister specifying such portion of the latest additional debt as when added to the aggregate of the debt and any earlier additional debts is equal to the relevant amount in relation to the overpaid person, and

(ii) pay to the Minister that portion of the additional debt.

(7) Where a notice of attachment has been given to a relevant person in respect of an overpaid person, the relevant person shall not, during the relevant period in relation to the notice, make any disbursements out of the debt, or out of any additional debt, due by the relevant person to the overpaid person except to the extent that any such disbursement—

(a) will not reduce the debt or the aggregate of the debt and any additional debt so due to an amount that is less than the relevant amount specified in the notice of attachment concerned, or

(b) is made pursuant to an order of a court.

(8) For the purposes of this section, a disbursement made by a relevant person contrary tosubsection (7)shall be deemed not to reduce the amount of the debt or any additional debts due by the relevant person to the overpaid person.

(9) Any reply, notice, statement or further statement required to be given by the relevant person to the Minister or the overpaid person under this section shall be in such manner and form as directed in the notice of attachment.

(10) A reference to the relevant amount in this section shall, as appropriate, be construed as including a reference to the relevant amount or the portion of the relevant amount, as the case may be, specified in a notice of attachment.]

343I. F1764[Revocation of notice of attachment

343I.A notice of attachment given to a relevant person in respect of an overpaid person may be revoked by the Minister at any time by notice in writing given to the relevant person and shall be revoked within 10 days if the overpaid person has paid the relevant amount to the Minister.]

343J. F1765[ Supplemental matters relating to notices of attachment

343J.(1) Where in pursuance of this Part a relevant person pays any amount to the Minister under a notice of attachment out of a debt or an additional debt due by the relevant person to the overpaid person and, at the time of the receipt by the Minister of that amount, the overpaid person has paid to the Minister the amount or aggregate amount of the overpayments, in respect of which the overpaid person is in default at the time of the giving of the notice or notices of attachment, the first-mentioned amount shall be refunded by the Minister within 10 days to the overpaid person.

(2) On the receipt by the Minister of an amount paid undersection 343Hin accordance with a notice of attachment, the Minister shall within 10 days notify the overpaid person and the relevant person in writing of such receipt.

(3) Where, undersection 343Hand in accordance with a notice of attachment, a relevant person pays to the Minister the whole or part of the amount of a debt or an additional debt due by the relevant person to an overpaid person, or any part of such an amount, the overpaid person shall allow such payment and the relevant person shall be acquitted and discharged of the amount of the payment as if it had been paid to the overpaid person.

(4) Where undersection 343Ha relevant person is prohibited from making any disbursement out of a debt or an additional debt due to an overpaid person, no action shall lie against the relevant person in any court by reason of a failure to make any such disbursement.

(5) Any obligation on the Minister to maintain secrecy or any other restriction on the disclosure of information by the Minister shall not apply in relation to information contained in a notice of attachment.

(6) A notice of attachment in respect of an overpaid person shall not be given to a relevant person at a time when—

(a) the relevant person concerned is an undischarged bankrupt or a company being wound up, or

(b) the overpaid person concerned is an undischarged bankrupt.

(7) The Minister may appoint one or more than one of his or her officers to perform any acts and discharge any functions to be performed or discharged by the Minister under this Part.

(8) Where a relevant person to whom a notice of attachment in respect of an overpaid person has been given—

(a) delivers a reply undersubparagraph (i)ofsection 343H(1)(c)but fails to pay to the Minister, within the period referred to in that subparagraph, the amount specified in the reply or any part of that amount, or

(b) delivers a further statement undersubsection (6)ofsection 343Hbut fails to pay to the Minister within the time specified in that subsection the amount specified in the further statement or any part of that amount,

the amount specified in the reply or further statement, or the part of that amount, as the case may be, which the relevant person has failed to pay to the Minister, may, if the notice of attachment has not been revoked by a notice of revocation, be sued for and recovered by action or other appropriate proceedings by the Minister in any court of competent jurisdiction.]

343K. F1766[Offences

343K.Where a relevant person fails to comply with a direction undersubparagraph (i)or(ii)ofsection 343H(1)(c)—

(a) within the period specified insubparagraph (i)ofsection 343H(1)(c), or

(b) ifsubsection (3)ofsection 343Happlies, within the period referred to in that subsection,

he or she is guilty of an offence.]

F1767[PART 11B Recovery of Certain Benefits and Assistance] Annotations Amendments: F1767 Inserted (1.08.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 13(d), S.I. No. 308 of 2014.

343L. F1768[ Interpretation

343L.(1) In this Part—

‘Act of 2003’means thePersonal Injuries Assessment Board Act 2003;

‘Board’means the Personal Injuries Assessment Board;

‘compensation payment’has the meaning assigned to it bysection 343M;

‘compensator’has the meaning assigned to it bysection 343M;

‘court’means, in relation to a personal injury action, the court in which that action has been brought, being the High Court, Circuit Court or District Court, as the case may be;

‘injured person’has the meaning assigned to it bysection 343Mand includes any person acting on his or her behalf or his or her personal representative;

‘personal injury’includes any disease and any impairment of a person’s physical or mental condition;

‘recoverable benefits’has the meaning assigned to it bysubsection (2);

‘relevant compensation payment’means any part of a compensation payment that is attributable to loss of earnings or profits of an injured person;

F1769[‘relevant statement of recoverable benefits’means a statement of recoverable benefits or, where a revised statement of recoverable benefits has been issued, the revised statement of recoverable benefits;

‘revised statement of recoverable benefits’means a statement issued by the Minister undersubsection 343PA(2)specifying the amount of recoverable benefits in respect of an injured person;]

‘specified benefits’has the meaning assigned to it bysection 343O;

‘specified period’shall be construed in accordance withsection 343N;

F1770[‘statement of recoverable benefits’means a statement issued by the Minister undersection 343P(3)or343PA(1)specifying the amount of recoverable benefits in respect of an injured person.]

F1771[(2) In this Part‘recoverable benefits’means—

(a) in the case of a statement of recoverable benefits issued undersection 343P(3)or343PA(1)—

(i) the specified benefits paid to an injured person as a result of the personal injury before the date of the issuing of the statement of recoverable benefits, and

(ii) the specified benefits that may be paid to an injured person as a result of the personal injury on or after the date referred to insubparagraph (i)until the end of the specified period,

and

(b) in the case of a revised statement of recoverable benefits issued undersection 343PA(2)—

(i) the specified benefits paid to an injured person as a result of the personal injury before the date of the issuing of the revised statement of recoverable benefits, and

(ii) the specified benefits that may be paid to an injured person as a result of the personal injury on or after the date referred to insubparagraph (i)until the end of the specified period.]]

343M. F1772[Application of Part

343M.(1) Subject tosubsection (2), this Part applies where—

(a) a payment (in this Part referred to as a‘compensation payment’) is made by or on behalf of a person (in this Part referred to as the‘compensator’) who is, or is alleged to be, liable to any extent in respect of a personal injury, not causing death, suffered by any other person (in this Part referred to as the‘injured person’),

(b) the injured person has received, is receiving, or may receive, a specified benefit as a result of that personal injury during the specified period, and

(c) the compensation payment is made on or after the commencement of this Part unless that payment is made pursuant to a court order, an order of the Board in accordance with the Act of 2003 or a settlement and that order or settlement is made before the commencement of this Part.

(2) This Part does not apply where compensation payments are made to an injured person—

(a) by the Hepatitis C and HIV Compensation Tribunal,

(b) by a court of competent jurisdiction to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin Anti-D, whole blood or other blood products,

(c) by the Residential Institutions Redress Board,

(d) by the Residential Institutions Statutory Fund Board,

(e) under the provisions of theHealth (Repayment Scheme) Act 2006to a relevant person within the meaning of that Act,

(f) by the Criminal Injuries Compensation Tribunal,

(g) in relation to disability caused by Thalidomide,

(h) in accordance with the Garda Síochána (Compensation) Acts 1941 to 2003, or

(i) by a tribunal, redress board or under a scheme of compensation where that tribunal, scheme or redress board is prescribed undersubsection (3).

(3) The Minister may prescribe a compensation tribunal, redress board or scheme of compensation for the purposes ofsubsection (2)where—

(a) compensation payments by the tribunal, redress board or under the scheme are made from moneys provided by the Oireachtas, or

(b) the tribunal or redress board is performing functions conferred on it by or under an enactment, or

(c) the scheme is administered by the Minister or a Minister of the Government other than the Minister,

and the Minister is satisfied that such prescribing will assist in securing beneficial, effective and efficient use of funds available to that tribunal, redress board or scheme.

(4) This Part applies notwithstandingsection 2of theCivil Liability (Amendment) Act 1964.]

343N. F1773[Specified period

343N.The specified period in respect of which specified benefits are recoverable is the period beginning on the date on which the injured person first becomes entitled to a specified benefit as a result of the personal injury and ending on the earliest of the following—

(a) the expiration of the period of 5 years from that date,

(b) the date on which a compensator makes a compensation payment in final discharge of any claim made by or in respect of the injured person as a result of the personal injury, or

(c) the date on which an agreement is made under which agreement an earlier payment is treated as having been made in final discharge of any such claim.]

343O. F1774[Specified benefits

343O.The specified benefits are:

(a) illness benefit underChapter 8ofPart 2;

(b) partial capacity benefit underChapter 8AofPart 2;

(c) injury benefit undersection 74;

(d) an increase of disablement pension in accordance withsection 77or77A, where the person is incapable of work and likely to remain permanently so incapable;

(e) invalidity pension underChapter 17ofPart 2;

(f) disability allowance underChapter 10ofF1775[Part 3;]

F1776[(g) supplementary welfare allowance paid underChapter 9ofPart 3.]]

343P. F1777[Application for statement of recoverable benefits

343P.(1) Subject tosubsection (2), a compensator shall apply to the Minister for a statement of recoverable benefits before making any compensation payment to, or in respect of, an injured person.

(2) The Board shall apply to the Minister for a statement of recoverable benefits before issuing an order to pay under section 38 of the Act of 2003.

(3) The Minister shall,F1778[within 25 working days]from the date of receipt of an application undersubsection (1)or(2), issue a statement of recoverable benefits to the compensator or the Board, as the case may be.

(4) The Minister shall, at the same time as issuing a statement of recoverable benefits to a compensator or the Board undersubsection (3), issue a copy of the statement to the injured person.

(5) The Minister may by regulations prescribe—

(a) the information required by him or her relating to the identity of the injured person and benefits received by that person for the purposes of an application for a statement of recoverable benefits, and

(b) the form in which the application shall be made.]

343PA. F1779[Issuing of statements and revised statements of recoverable benefits by Minister

343PA.(1) The Minister may issue a statement of recoverable benefits to a compensator or the Board, as the case may be, where—

(a) a compensator has made a compensation payment to, or in respect of, an injured person but has not applied for a statement of recoverable benefits undersection 343P(1), or

(b) the Board has issued an order to pay under section 38 of the Act of 2003 but has not applied for a statement of recoverable benefits undersection 343P(2).

(2) The Minister may issue a revised statement of recoverable benefits to a compensator or the Board, as the case may be, where, subsequent to the issue of a statement of recoverable benefits undersubsection (1)orsection 343P(3), a decision or a revised decision, within the meaning ofsection 343Q(4), is given to—

(a) award a specified benefit to an injured person, or

(b) vary a specified benefit payable to an injured person.

(3) The Minister shall, at the same time as issuing a statement of recoverable benefits undersubsection (1)or a revised statement of recoverable benefits undersubsection (2)to a compensator or the Board, as the case may be, issue a copy of the statement to the injured person.

(4) The Minister may by regulations prescribe the information to be provided by a compensator or an injured person which is required by the Minister in relation to the identity of the injured person and benefits received by that person for the purposes of issuing a statement of recoverable benefits undersubsection (1)or a revised statement of recoverable benefits undersubsection (2), as the case may be.]

343PB. F1780[Transfer of personal data, under Part 11B, to compensator in United Kingdom

343PB.(1) Where—

(a) a compensator is subject to the laws, regulations and administrative procedures of the United Kingdom, and

(b) an injured person has received, is receiving, or may receive, a specified benefit,

the Minister shall, for the purposes of this Part andsubsection (2), transfer to a compensator referred to inparagraph (a)personal data specified insubsection (3)in respect of an injured person referred to inparagraph (b)in all or any of the following:

(i) a statement of recoverable benefits issued by the Minister undersection 343P(3)orsection 343PA(1);

(ii) a revised statement of recoverable benefits issued by the Minister undersection 343PA(2);

(iii) a refund made by the Minister undersection 343U.

(2) The personal data referred to insubsection (1)in respect of an injured person referred to insubsection (1)(b), that are transferred in a statement, or refund, referred to insubsection (1), are necessary for the payment to the Minister, by a compensator referred to insubsection (1)(a), of any specified benefit received by, or which may be received by, an injured person referred to insubsection (1)(b)to whom, or in respect of whom, a compensation payment is made by that compensator.

(3) The personal data referred to insubsection (1)are personal data within the meaning of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^19on 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 that are—

(a) required for the purposes and effective operation of this Part andsubsection (2), and

(b) held by the Minister for those purposes and that operation.]

343Q. F1781[Period of validity of statements and revised statements of recoverable benefits

343Q.(1) A statement of recoverable benefits or a revised statement of recoverable benefits shall be valid—

(a) in a case where, at the time of issuing the statement, no recoverable benefits have been identified—

(i) for 12 months from the date of issue of the statement of recoverable benefits or revised statement of recoverable benefits, as the case may be, or

(ii) until such time as a decision or a revised decision is given to award a specified benefit to an injured person,

whichever is the earlier,

(b) in a case where, at the time of issuing the statement, recoverable benefits have been identified and no specified benefit is being paid—

(i) for 12 months from the date of issue of the statement of recoverable benefits or revised statement of recoverable benefits, as the case may be, or

(ii) until such time as a decision or a revised decision is given to award a specified benefit to an injured person or to vary a specified benefit payable to an injured person,

whichever is the earlier, and

(c) in any other case—

(i) for 3 months from the date of issue of the statement of recoverable benefits or the revised statement of recoverable benefits, as the case may be, or

(ii) until such time as a decision or a revised decision is given to vary a specified benefit payable to an injured person,

whichever is the earlier.

(2) A person to whom a statement of recoverable benefits or a revised statement of recoverable benefits has been issued may request the Minister to furnish particulars of the manner in which the amount of recoverable benefits specified in the statement was calculated.

(3) The Minister shall furnish the particulars requested undersubsection (2)within 4 weeks of the receipt of such a request.

(4) In this section—

‘decision’means—

(a) a decision that is given by a deciding officer undersection 300, or

(b) a decision that is given by an appeals officer undersection 311;

‘revised decision’means—

(a) a revised decision that is given by a deciding officer undersection 301, or

(b) a revised decision that is given by an appeals officer undersection 317.]

343R. F1782[Obligation to pay recoverable benefits

343R.(1) Subject tosubsection (2), a compensator shall pay to the Minister the amount of recoverable benefits specified in theF1783[relevant statement of recoverable benefits]before making any compensation payment to, or in respect of, an injured person.

(2) Where the recoverable benefits specified in theF1784[relevant statement of recoverable benefits]exceed the amount of the relevant compensation payment and that relevant compensation payment was the subject of an order of a court or assessment by the Board in accordance with the Act of 2003, the compensator is liable only to the extent of that amount so ordered or assessed.

(3) A compensator who fails to comply withsubsection (1)or otherwise fails to pay the amount of recoverable benefits due to the Minister is liable to pay on demand to the Minister that amount of recoverable benefits so due.]

343S. F1785[Reduction of compensation payment to injured person

343S.(1) A compensator who pays an amount equal to the total amount of the recoverable benefits to the Minister in accordance withsection 343Rmay reduce the relevant compensation payment payable to the injured person by that amount and shall notify the injured person accordingly.

(2) The compensation payment, other than the relevant compensation payment, payable by a compensator to an injured person shall not be reduced by the compensator where the total amount of the recoverable benefits exceeds the amount of the relevant compensation payment payable to an injured person.]

343T. F1786[Discharge of liability to injured person

343T.Where this Part applies to a claim for a compensation payment by or on behalf of an injured person, that claim, in so far as it relates to a relevant compensation payment, shall be treated as discharged to the extent that the compensator has made a payment to the Minister in respect of that claim in accordance withsection 343R.]

343U. F1787[Refund to compensator where specified benefit not paid

343U.(1) Where a compensator has made a payment to the Minister in accordance withsection 343Rand any part of that payment includes specified benefits referred to insubsection (2), the Minister shall refund to the compensator the amount of that payment which represents those benefits.

(2) The specified benefits referred to insubsection (1)are those benefits, within the meaning ofF1788[paragraph (a)(ii)or(b)(ii)]of the definition of recoverable benefits, not paid by the Minister to the injured person at the end of the specified period.]

343V. F1789[Appeal under section 311

343V.(1) This section applies where an appeal is brought undersection 311(amended bysection 13(c) of the Social Welfare and Pensions Act 2013) against a decision given by a deciding officer on a question underparagraph (hh)(inserted bysection 13(b) of the Social Welfare and Pensions Act 2013) ofsection 300(2).

(2) Where on the determination of an appeal referred to insubsection (1)an appeals officer decides that the amount of recoverable benefits specified in theF1790[relevant statement of recoverable benefits]exceeds the amount of recoverable benefits due to the Minister, the Minister shall refund the amount of that excess to the compensator.

(3) Where on the determination of an appeal referred to insubsection (1)an appeals officer decides that the amount of recoverable benefits specified in theF1791[relevant statement of recoverable benefits]is less than the amount of recoverable benefits due to the Minister, the compensator is liable to pay the Minister the difference between the amount paid to the Minister in accordance withsection 343Rand the amount of recoverable benefits due to the Minister as decided by the appeals officer.]

343W. F1792[More than one compensator making compensation payment

343W.Where two or more compensators are liable by virtue of this Part for recoverable benefits for the same personal injury, they shall be liable jointly and severally to the Minister in relation to those benefits and Part III of theCivil Liability Act 1961shall be read as applying to that liability with all necessary modifications.]

343X. F1793[Transitional arrangements

343X.Any statement of recoverable benefits issued prior to the coming into operation ofsection 12of the Social Welfare (Miscellaneous Provisions) Act 2015 shall be valid for the period specified in that statement or until a decision or a revised decision, within the meaning ofsection 343Q(4), is given to award a specified benefit to an injured person or to vary a specified benefit payable to an injured person, whichever is the earlier.]

PART 12 Liability to Maintain Family

344. Interpretation. [1993 s284(1); 2005 (SW&P) s23 & Sch 1]

344.—F1794[…]

345. Liability to maintain family. [1993 s285; 1996 s19(1) & Sch E]

345.— F1795[…]

346. Contribution towards benefit or allowance. [1993 s286(1); 1997 s29(3)]

346.— F1796[…]

347. Attachment of earnings order. [1993 s287(1)]

347.— F1797[…]

348. Employer's obligations in relation to attachment of earnings order. [1993 s288(1)]

348.— F1798[…]

349. Payments under attachment of earnings order. [1993 s289]

349.— F1799[…]

350. Powers of District Court. [1993 s290(1)]

350.— F1800[…]

351. Changes in employment. [1993 s291]

351.— F1801[…]

352. Determinations by District Court. [1993 s292(1)]

352.— F1802[…]

353. Liable relative in service of State. [1993 s293(1); 2005 (SW&P) s23 & Sch 1]

353.— F1803[…]

354. Discharge, variation or lapse of attachment of earnings order. [1993 s294(1); 2005 (SW&P) s26 & Sch 4]

354.— F1804[…]

355. Cesser. [1993 s295(1)]

355.— F1805[…]

356. Offences. [1993 s296(1)]

356.— F1806[…]

357. Payments under order of court to offset contributions. [1993 s297; 1996 s19(1) & Sch E]

357.— F1807[…]

358. Recipient of benefit or allowance to transfer to competent authority payments under order of court. [1993 s298(1); 1996 s17(1), 19(1) & Sch E]

358.— F1808[…]

359. Investigations by Health Service Executive. [1993 s299(1); 2005 (SW&P) s23 & Sch 1]

359.—F1809[…]

[1993 s299(2); 2005 (SW&P) s26 & Sch 4]

F1810[PART 12A Employment schemes and other schemes and programmes] Annotations Amendments: F1810 Inserted (1.01.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 29(1), S.I. No. 703 of 2011.

359A. F1811[Functions of Minister in relation to employment schemes and related schemes and programmes.

359A.—(1) The Minister may—

(a) provide, or arrange for and co-ordinate the provision of—

(i) employment schemes,

(ii) assistance in obtaining employment,

(iii) assistance in obtaining work experience,

(iv) job placement schemes that facilitate persons seeking employment in obtaining employment, including the provision of—

(I) guidance, advice and information in respect of choice of career and employment, and

(II) services, whereby persons seeking employment are introduced to persons offering employment, and

(b) assist, whether financially or otherwise, in the provision of schemes and programmes referred to inparagraph (a).

F1812[(1A) For the purposes ofsubsection (1), a reference to employment includes a reference to self-employment.]

(2) Without prejudice to the generality ofsubsection (1), the Minister may provide for any employment scheme or other scheme or programme provided, immediately before the coming into operation ofsection 30of the Social Welfare and Pensions Act 2010, by An ForasÁiseanna Saothair, pursuant to paragraphs (b) to (g) of section 4(1) of theLabour Services Act 1987including the following schemes and programme provided by An ForasÁiseanna Saothair immediately before the coming into operation ofsection 30of the Social Welfare and Pensions Act 2010:

(a) the scheme known as Community Employment;

(b) the programme commonly known as the work placement programme referred to insection 142B(4);

(c) the scheme known as the Jobs Initiatives Scheme referred to insection 234.

(3) The Minister may amend or terminate, at any time, a scheme or programme referred to insubsection (2).

F1813[(4) The Minister shall not be, or be deemed to be, an employer within the meaning of the Terms of Employment (Information) Acts 1994 to 2014 by reason only of—

(a) the provision of funding by him or her to a person pursuant to a scheme or programme provided under this section, or

(b) a payment made by him or her in accordance withsubsection (5).]

F1814[(5) The Minister may, subject to the approval of the Minister for Public Expenditure and Reform, pay from the Exchequer sums agreed in relation to the scheme established and administered by the Minister and known as the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors.]]

359B. F1815[ Discrimination on grounds of age in relation to employment schemes and other schemes and programmes

359B.(1) The Minister, in respect of a class of persons prescribed by the Minister undersubsection (2), may discriminate on the grounds of age in—

(a) providing, or arranging for and co-ordinating the provision of, a scheme, programme or assistance undersection 359A(1)(a),

(b) assisting, whether financially or otherwise, in the provision of a scheme, programme or assistance referred to insection 359A(1)(a), or

(c) providing for any scheme or programme undersection 359A(2).

(2) The Minister may prescribe a class or classes of persons for the purposes ofsubsection (1)where, on the basis of the information relating to the unemployment rate, the participation rate, or the average duration of unemployment compiled by the Central Statistics Office undersection 10of theStatistics Act 1993and contained in the most recently published survey for the time being known as the Quarterly National Household Survey—

(a) the unemployment rate for the class of persons is higher than the national unemployment rate,

(b) the participation rate for the class of persons is lower than the national participation rate, or

(c) the average duration of unemployment of unemployed persons in the class of persons is higher than the average national duration of unemployment.

(3) Before 1 August 2016 and every 2 years after 2016, the Minister shall—

(a) carry out a review of the operation, effectiveness and impact of this section,

(b) consider whether the prescribing of a class or classes of persons undersubsection (2)continues to be necessary, having regard to the matters referred to inparagraph (a),(b)or(c)of that subsection,

(c) make such findings as he or she thinks appropriate consequent on the review and consideration, and

(d) cause a written report of his or her findings resulting from the review and consideration to be prepared and laid before each House of the Oireachtas.

(4)Section 11of theEmployment Equality Act 1998shall not apply in relation to the performance by the Minister of his or her functions under this section.]

PART 13 Commencement, Repeals and Continuance

360. Repeals. [1993 s300]

360.—(1) Subject to subsection (2), the enactments specified in column (2) of Schedule 7 (referred to in this Part as “the repealed enactments”) are repealed to the extent specified in column (3) of that Schedule.

[1993 s300]

(2) Without prejudice to the Interpretation Act 1937, the repealed enactments shall continue to apply to benefit, assistance, child benefit or F1816[working family payment] before the commencement of this Act to the same extent as if this Act had not been passed.

361. Continuity of repealed enactments. [1993 s301]

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

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

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

362. Continuance of officers, instruments and documents. [1993 s302(1)]

362.—(1) All officers appointed under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act 1993 and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

[1993 s302(2)]

(2) All instruments made and documents issued under the repealed enactments or any enactments repealed by the Social Welfare (Consolidation) Act 1993 and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.

363. Continuity of insurance under old codes. [1993 s303(1)]

363.—(1) Regulations may be made, subject to such modifications, additions and exceptions as may be specified, for the purpose of ensuring that persons insured or deemed to be or treated as insured within the prescribed period before 5 January 1953, under the National Insurance Act 1911, the Unemployment Insurance Act 1920 (or any scheme under that Act) or the Widows’ and Orphans’ Pensions Act 1935, may continue to be insured under Part 2 or otherwise to preserve the rights conferred on them by virtue of those enactments.

[1993 s303(2)]

(2) Regulations under subsection (1) shall, in the manner and subject to the conditions that may be specified, in particular, provide in relation to persons so insured, for modifying the contribution conditions for receipt of benefit under Part 2 to take account of contributions paid or deemed to be paid or treated as paid under those enactments and periods of insurance under those enactments.

[1993 s303(3)]

(3) Without prejudice to any specific power conferred by subsections (1) and (2), regulations may be made for facilitating their operation or the introduction of the system of insurance established by the Social Welfare Act 1952 including, in particular, regulations providing—

(a) for modifying, in relation to the period before 5 January 1953, any provisions of or made under any enactment repealed or amended by Part V of that Act, or

(b) for making any savings or additional savings from the effect of any repeal or amendment effected by that Act.

364. Commencement.

364.—(1) Subject to this Part, this Act shall come into operation on such day as the Minister shall appoint by order.

(2) The provisions of Schedule 6 shall come into operation—

(a) in respect of paragraph 1, on such day as the Minister may appoint by order,

(b) in respect of paragraph 2, on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions,

(c) in respect of paragraph 3, on 6 April 2012, and

(d) in respect of paragraph 4, on such day as the Minister may appoint by order.