Social Welfare and Pensions Act 2010

PART 1 Preliminary and General

1.. Short title, construction, collective citation and commencement.

1.— (1) This Act may be cited as the Social Welfare and Pensions Act 2010.

(2) The Social Welfare Acts and Parts 1, 2and 4, section 29 and Schedules 1, 2 and 3 shall be read together as one.

(3) The Labour Services Acts 1987 to 2010 and sections 30 and 35 may be cited together as the Labour Services Acts 1987 to 2010.

(4) Sections 4, 11(1), 12, 13and 15 to 26 and Parts 3 and 4, shall come into operation 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 or different provisions.

2.. Definitions.

2.— In this Act—

“Act of 2006” means the Social Welfare Law Reform and Pensions Act 2006;

“Act of 2007” means the Social Welfare and Pensions Act 2007;

“Act of 2008” means the Social Welfare (Miscellaneous Provisions) Act 2008;

“Act of 2010” means the Social Welfare (Miscellaneous Provisions) Act 2010;

“Commissioners” means the Commissioners of Public Works in Ireland;

“Minister” means the Minister for Social Protection;

“Principal Act” means the Social Welfare Consolidation Act 2005.

PART 2 Amendments to Social Welfare Acts

3.. Duration of illness benefit payment.

3.— (1) Section 44 (amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (b):

“(b) before that day was entitled, in respect of any period of interruption of employment (whether including that day or not), to illness benefit for 312 days,”,

(b) in subsection (1A) (inserted by section 15(2) of the Act of 2008), by substituting the following paragraph for paragraph (b):

“(b) before that day was entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on 5 January 2009, to illness benefit for 624 days,”, and

(c) by inserting the following subsection after subsection (2):

“(2A) Notwithstanding subsection (1)—

(a) where a period of incapacity for work commences before 3 January 2011 and continues on or after that date, subsection (1)(b) shall apply as if the words ‘during the period beginning on the date one year immediately before that day’ were inserted after ‘(whether including that day or not)’, and

(b) where a period of incapacity for work commences on or after 3 January 2011 and forms part of a period of interruption of employment during which a previous period of incapacity for work commenced before 3 January 2011, the period for which illness benefit shall be paid in respect of the period of incapacity for work commencing on or after 3 January 2011 shall be 312 days less the cumulative number of days for which illness benefit was determined as having been paid at the end of the last period of incapacity for work that commenced before 3 January 2011.”.

(2) This section shall come into operation on 3 January 2011.

4.. Proving unemployment by electronic communication.

4.— The Principal Act is amended—

(a) in section 2(1) (amended by section 24 of the Act of 2010) by inserting the following definition:

“ ‘electronic’ includes digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology;”,

(b) in section 2 by inserting the following subsection after subsection 7:

“(8) In sections 62, 141 and 274A, ‘electronic communication’ means the communication of information that is generated, transmitted, processed, received, recorded, stored or displayed by electronic means or in electronic form, and includes—

(a) information communicated in the form of speech which is processed at its destination by an automatic voice recognition system,

(b) a communication transmitted by means of the internet or by means of mobile phone telephony, and

(c) the transmission of a signature by electronic means.”,

(c) in section 62 by inserting the following subsection after subsection (1):

“(1A) Without prejudice to the generality of subsection (1)(b), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.”,

(d) in section 141 by inserting the following subsection after subsection (1):

“(1A) Without prejudice to the generality of subsection (1)(b), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.”,

and

(e) by inserting the following section after section 274:

“Evidence in proceedings in relation to proving unemployment by electronic communication.

274A.— (1) Where a person is required, for the purposes of section 62 or 141, 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 under section 62 or 141.

(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 of section 251.

(4) A document purporting to be a certificate referred to in subsection (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 in subsection (1)(a) unless the contrary is proved.”.

5.. Jobseeker’s allowance — days of unemployment.

5.— Section 141 of the Principal Act is amended—

(a) in subsection (3), by substituting “Subject to subsection (3A), in this Chapter,” for “In this Chapter,”, and

(b) by inserting the following subsections after subsection (3):

“(3A) For the purposes of this section—

(a) jobseeker’s allowance shall be paid for the payment week in which the last day of unemployment, which forms a week of unemployment, falls,

(b) where in any payment week jobseeker’s allowance is payable in respect of a week of unemployment—

(i) any day of unemployment which forms part of such week of unemployment, but which does not fall within that payment week, and

(ii) any other day of unemployment occurring in that payment week,

shall not be taken into account in establishing any other week of unemployment, and

(c) where, in any payment week, jobseeker’s allowance is payable in respect of a week of unemployment, the weekly means of that person derived from employment under a contract of service shall be determined by reference to the number of days worked in that payment week.

(3B) In subsection (3A) ‘payment week’ means the period commencing on the Wednesday of one week and ending on the Tuesday of the following week.”.

6.. Calculation of means for rent and mortgage supplement.

6.— Section 198 of the Principal Act is amended by inserting the following subsection after subsection (1):

“(1A) Notwithstanding section 196(1)(a), in determining entitlement to a supplement in accordance with this section, where the person has not attained the age of 25 years and is not in receipt of a payment under section 142A, 142B, 197(2) or 197(4), the weekly needs of that person shall be taken to be—

(a) in the case of a person who has no means, the amount calculated in accordance with section 197(1), or

(b) in the case of a person who has means, the amount calculated in accordance with section 197(1) which would be appropriate if that person had no means, reduced by €1 per week for every €1 of his or her weekly means.”.

7.. Provision by landlord of tax reference number for rent supplement.

7.— (1) Section 198 of the Principal Act is amended in subsection (3) (amended by section 14 of the Act of 2008) by substituting “(3E), (4), (4A) and (4B) and section 198A” for “(3E) and (4)”.

(2) Section 198 of the Principal Act is amended by inserting the following subsections after subsection (4):

“(4A) Subject to subsection (4B), the payment, referred to in subsection (3), of a supplement towards the amount of rent payable by a person in respect of his or her residence shall not be made where, in respect of each tenancy for which a supplement is payable—

(a) the landlord of such residence has not provided the Executive with his or her tax reference number in the prescribed form, or

(b) the landlord of such residence does not have a tax reference number and has not provided the Executive with a notification, in the prescribed form, to that effect and the reasons for which he or she does not have a tax reference number.

(4B) Notwithstanding subsection (4A), where an application for the payment of a supplement towards the amount of rent is made on or after 1 January 2011 and the information specified in that subsection has not been provided by a landlord, the Executive—

(a) may, for the purpose of the avoidance of undue hardship, pay the supplement referred to in subsection (4A) where it is satisfied that, having regard to all the circumstances of the person concerned, the payment is appropriate, and

(b) shall, where that payment is made, send a notification in writing to the landlord of the residence in respect of which the supplement was paid—

(i) requesting the landlord to provide the Executive, in the prescribed form, on or before a date (in this section referred to as the ‘information date’) specified in the notification, with—

(I) his or her tax reference number, or

(II) where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number,

and

(ii) stating that—

(I) the payment of a supplement under this section shall cease on a specified date (in this section referred to as the ‘cessation date’) unless the information is provided on or before the information date, and

(II) where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.

(4C) Where a notification referred to in subsection (4B)(b) or section 198A(2) is to be sent to a landlord it shall be addressed to the person concerned by name and may be sent or given—

(a) by delivering it to the person,

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

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

(4D) In this section, sections 198A and 198B—

‘landlord’ means the person for the time being entitled to receive (otherwise than as agent for another person) the rent payable under a tenancy in respect of a residence, referred to in subsection (3), in respect of which a supplement, referred to in that subsection, is paid;

‘tax reference number’ has the same meaning as it has in subsection (3) (inserted by section 123 of the Finance Act 2007) of section 888 of the Act of 1997;

‘tenancy’ includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and includes a sub-tenancy.”.

(3) The Principal Act is amended by inserting the following sections after section 198:

“Payment of rent supplement in certain circumstances.

198A.— (1) Notwithstanding section 198(4A), where a supplement towards the amount of rent payable by a person in respect of his or her residence is paid immediately before 1 January 2011 and continues to be paid immediately after 1 January 2011 in respect of that residence under the same tenancy and the information specified in subsection (2) has not been provided by a landlord, the Executive may, in accordance with this Act, continue to pay the supplement for that residence under the same tenancy—

(a) for a period commencing on 1 January 2011 and ending on the cessation date specified in a request under subsection (2), and

(b) where the Executive, having regard to all the circumstances of the person, is satisfied that the payment is appropriate for the purpose of avoiding undue hardship, for a period commencing on the cessation date and ending not later than 31 March 2012.

(2) For the purposes of subsection (1), the Executive shall send a notification in writing to the landlord of a residence referred to in that subsection in respect of which a supplement was paid—

(a) requesting the landlord to provide the Executive, in the prescribed form, on or before a date (in this section referred to as the ‘information date’) specified in the notification, with—

(i) his or her tax reference number, or

(ii) where the landlord does not have a tax reference number, a statement in writing to that effect and the reasons for which he or she does not have a tax reference number, and

(b) stating that—

(i) the payment of a supplement under this section shall cease on a specified date (in this section referred to as the ‘cessation date’) unless the information is provided on or before the information date, and

(ii) where rent supplement has been paid in respect of the residence, failure to provide the information is an offence.

(3) Where—

(a) rent supplement has been paid in respect of a residence referred to in subsection (1),

(b) the Executive has, in accordance with subsection (2), sent a notification in writing to a landlord referred to in that subsection, and

(c) the landlord has, following that notification, failed to provide the tax reference number referred to in subsection (2)(a)(i) or the statement referred to in subsection (2)(a)(ii), by the information date referred to in that notification,

he or she shall be guilty of an offence.

Offence for failing to provide certain information following payment of rent supplement under section 198.

198B.— Where—

(a) rent supplement has been paid in respect of a residence referred to in section 198(4B),

(b) the Executive has, in accordance with section 198(4B), sent a notification in writing to a landlord referred to in that section, and

(c) the landlord has, following that notification, failed to provide the tax reference number referred to in section 198(4B)(b)(i)(I) or the statement referred to in section 198(4B)(b)(i)(II), by the information date referred to in that notification,

he or she shall be guilty of an offence.”.

(4) This section shall come into operation on 1 January 2011.

8.. Information required for personal public service number.

8.— Section 262(3)(a) of the Principal Act is amended—

(a) by substituting the following subparagraphs for subparagraphs (xb) and (xc) (inserted by section 32 of the Act of 2007):

“(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;” and

(b) by inserting the following subparagraph after subparagraph (xc):

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

9.. Public services card.

9.— (1) Section 263 (amended by section 32 of the Act of 2007) of the Principal Act is amended by substituting the following subsections for subsection (1):

“(1) The Minister may 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.

(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;

(c) a photograph 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 in subsection (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;

(c) the date of birth 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;