Social Welfare and Pensions Act 2014

PART 1 Preliminary and General

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

1.(1) This Act may be cited as the Social Welfare and Pensions Act 2014.

(2) The Social Welfare Acts and Part 2 shall be read together as one.

(3) The Pensions Acts 1990 to 2013 and Part 3 shall be read together as one and may be cited together as the Pensions Acts 1990 to 2014.

(4) Sections 6, 9 and 10 shall come into operation on such day or days as the Minister for Social Protection 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.

PART 2 Amendments to Social Welfare Acts

2.. Definitions

2. In this Part—

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

Act of 2008” means the Social Welfare and Pensions Act 2008;

Act of 2013” means the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013;

Principal Act” means the Social Welfare Consolidation Act 2005.

3.. Payments programmes

3. The Principal Act is amended—

(a) in section 2(1), by inserting the following definition:

‘payment service provider’ has the meaning given to it by section 289A;”,

(b) in section 5, by substituting the following subsection for subsection (4):

(4) Fees incurred on foot of an arrangement under section 289A with a payment service provider, subject to the arrangement concerned and the agreement of the Minister for Public Expenditure and Reform as to the manner of payment, shall be paid by the Minister out of the Social Insurance Fund to the payment service provider.”,

(c) in section 242—

(i) in subsection (1), by substituting the following paragraph for paragraph (c):

“(c) the payment of specified benefits through a payment service provider.”,

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

“(4) (a) Any person presenting for payment of benefit, on his or her own behalf or on behalf of another person, shall satisfy the Minister, an officer of the Minister or a payment service provider as to his or her identity by furnishing—

(i) a public services card,

(ii) a card issued by the Minister under section 264, or

(iii) such information or document as the Minister, an officer of the Minister or a payment service provider may reasonably require for the purposes of authenticating the identity of that person.

(b) Where a person fails to comply with paragraph (a), payment of benefit may be withheld until such time as the identity of the person is authenticated.

(5) The information or documentation furnished for the purposes of authenticating identity under subsection (4) (a) may be recorded or retained by the Minister, an officer of the Minister or a payment service provider.”,

(d) in section 261, by inserting the following subsection after subsection (2A):

(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.”,

(e) in section 263A, by inserting the following subsection after subsection (6):

(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 under section 263 to 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 under section 263.”,

(f) in section 274(1), by substituting the following definition for the definition of “specified agency”:

‘specified agency’ means a payment service provider or a person authorised to carry on banking business under section 9 of the Central Bank Act 1971.”,

(g) by inserting the following section after section 289:

“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.”,

and

(h) in paragraph 1(4) of Schedule 5, by inserting “payment service provider,” after “a payment service provider (within the meaning of section 122(1) of the Finance (Local Property Tax) Act 2012) in relation to the purpose specified in that section of that Act,”.

4.. Amendment of definition of share-based remuneration

4. Section 2(1) of the Principal Act is amended in paragraph (a) of the definition of “share-based remuneration” (amended by section 10 of the Social Welfare and Pensions Act 2012) by deleting “, assignment or release”.

5.. Further amendment of section 2(1) of Principal Act

5.The Principal Act is amended in section 2(1) by inserting the following definitions:

‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

‘European Economic Area’ means the European Economic Area created by the EEA Agreement;

‘member state of the European Economic Area’ means a state which is a contracting party to the EEA Agreement;”.

6.. Return of employment contributions in respect of certain seafarers

6. The Principal Act is amended by substituting the following section for section 36:

“Return of employment contributions in respect of certain seafarers

36. (1) The Minister may, on application made to him or her in that behalf, return to an employer any employment contribution paid in accordance with section 13(2) (d) in respect of the employment of a qualifying seafarer in respect of such period as may be prescribed.

(2) An application under subsection (1) shall be made—

(a) in the manner,

(b) to such persons,

(c) by a specified day or within a specified period, and

(d) in such form,

as may be prescribed.

(3) In this section—

‘qualifying seafarer’ means a master or seaman, within the meaning of section 742 of the Merchant Shipping Act 1894, who is employed by a ship owner to work on board a qualifying ship during a period in which that ship is at sea, where that person—

(a) in the case where he or she is working on board a vessel (including a sea-going passenger vessel with facilities to enable road or rail vehicles to roll on or off the vessel and carrying more than 12 passengers) providing scheduled passenger services between ports of the European Economic Area, is a citizen of a member state of the European Economic Area, or

(b) in any other case, is liable to taxation or social security contributions, or both of them, in a member state of the European Economic Area;

‘qualifying ship’ means a sea-going vessel which is—

(a) registered in the shipping register of a member state of the European Economic Area,

(b) not less than 100 tons gross tonnage, and

(c) self-propelled,

but does not include—

(i) a fishing vessel, tug or vessel used primarily as a floating platform for working machinery or as a diving platform, as may be prescribed, or

(ii) such other vessel of a type that is not normally used for the purposes of the activities specified in paragraph (a), (b), (c), (e) or (f) of the definition of ‘qualifying shipping activities’ contained in section 407(1) of the Act of 1997.”.

7.. Recovery of redundancy payments

7. The Principal Act is amended by inserting the following section after section 38A:

“Recovery of redundancy payments

38B. (1) A return of the employer’s contribution under section 34, 34A or 36 shall be subject to a deduction in respect of any amount paid by the Minister in accordance with section 32(2) of the Redundancy Payments Act 1967.

(2) The amount to be deducted shall be calculated in accordance with subsections (4), (5) and (6) of section 322 of the Redundancy Payments Act 1967. ”.

8.. Absence from State or imprisonment

8.(1) Section 187 of the Principal Act is amended by substituting the following definition for the definition of “qualified adult” (amended by section 21 of the Social Welfare and Pensions Act 2010):

“ ‘qualified adult’ means—

(a) in relation to a beneficiary—

(i) the spouse of the beneficiary who is being wholly or mainly maintained by the beneficiary,

(ii) the civil partner of the beneficiary who is being wholly or mainly maintained by the beneficiary, or

(iii) the cohabitant of the beneficiary who is being wholly or mainly maintained by the beneficiary,

where the spouse, civil partner or cohabitant concerned is resident in the State, or

(b) a person who has attained the age of 16 years, is resident in the State, is being wholly or mainly maintained by a beneficiary and has the care of one or more than one qualified child who normally resides with the beneficiary, where the beneficiary is—

(i) a single person,

(ii) a widow,

(iii) a widower,

(iv) a married person who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her spouse,

(v) a surviving civil partner, or

(vi) a civil partner who is not living with and is neither wholly nor mainly maintaining, nor being wholly or mainly maintained by, his or her civil partner;”.

(2) Section 249 of the Principal Act is amended—

(a) in subsection (6) (amended by section 18 of the Act of 2008), by inserting “(including any increase in such allowance or assistance)” after “farm assist”, and

(b) by inserting the following subsection after subsection (6):

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

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

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

9.. Family income supplement - meaning of family

9.(1) Section 227 (amended by section 22 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended—

(a) by designating the section as subsection (1),

(b) in subsection (1) —

(i) by substituting the following definition for the definition of “child”:

“ ‘child’ means a qualified child as defined in section 2(3) (b) for the purposes of section 228;”,

and

(ii) by deleting the definition of “family”,

and

(c) by inserting the following subsections after subsection (1):

(2) For the purposes of this Part, ‘family’ means, subject to subsections (3) and (4), a household which contains—

(a) a person who is engaged in remunerative full-time employment as an employee, and

(b) at least one child who is normally a member of the same household as that person.

(3) Notwithstanding subsection (2), where a person referred to in paragraph (a) of that subsection is living with—

(a) his or her spouse, civil partner or cohabitant, and

(b) there is at least one child who is normally a member of the household,

a reference to a ‘family’ in this Part shall be read as including the spouse, civil partner or cohabitant, as the case may be, of that person.

(4) Notwithstanding that—

(a) a person referred to in paragraph (a) of subsection (2) is not living with his or her spouse or civil partner, and

(b) no child is normally a member of the same household as the person referred to in paragraph (a) of subsection (2),

where that person is—

(i) wholly or mainly maintaining such spouse or civil partner, as the case may be, and

(ii) contributing substantially towards the maintenance of a child who is normally a member of the same household as that spouse or civil partner,

and such spouse or civil partner is not claiming or in receipt of any benefit or assistance, a reference to a ‘family’ in this Part shall be read as meaning a household which contains—

(I) a person referred to in paragraph (a) of subsection (2),

(II) such spouse or civil partner who is being so wholly or mainly maintained by that person, and

(III) such child in respect of whom a substantial contribution towards his or her maintenance is being made by that person.

(5) For the purposes of subsection (4) —

(a) the reference to any benefit means any benefit specified in section 39(1), other than—

(i) disablement benefit payable in accordance with section 75 (but shall include an increase, payable under section 77, in disablement pension on account of incapacity),

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

(iii) bereavement grant, and

(iv) a widowed or surviving civil partner grant,

and

(b) the reference to any assistance means any assistance specified in section 139(1), other than—

(i) a weekly or monthly payment payable in accordance with section 198,

(ii) supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance with section 200, 201, 202 or 206, and

(iii) a widowed or surviving civil partner grant.”.

(2) Section 232(2) of the Principal Act is amended by inserting the following paragraph after paragraph (c):

“(ca) determine the circumstances in which a child shall be regarded as normally being a member of a household;”.

(3) Where, on the commencement of this section, family income supplement is payable in respect of a family, the amendments effected by this section shall not, subject to subsections (2) and (3) of section 230 (inserted by section 10(b)) and subsections (6)and (7) of section 247 of the Principal Act—

(a) disentitle that family to receipt of family income supplement, or

(b) reduce the weekly rate of family income supplement payable in respect of that family, during the unexpired portion of the period of payment specified in section 230(1) (as so inserted) of the Principal Act.

10.. Entitlement to family income supplement

10. The Principal Act is amended—

(a) in section 229, by inserting the following subsection after subsection (2):

(3) Subject to sections 230(2), 247(6) and 247(7), the weekly rate of family income supplement payable under this section shall not be affected by any change of circumstances (other than such change, as may be prescribed, in the entitlement of members of the family concerned to any benefit or assistance under this Act or in the composition of the family concerned) during the period specified in section 230(1).”,

and

(b) by substituting the following sections for section 230:

“Period of payment

230. (1) Where family income supplement is payable in respect of a family under section 228, payment of that supplement shall, subject to subsections (2) and (3) and to sections 247(6) and 247(7), be made for a period of 52 weeks beginning on the date on which it is receivable in accordance with regulations made under this Act.

(2) Family income supplement shall cease to be payable before the end of the period specified in subsection (1) where the person who has been engaged in remunerative full-time employment as an employee (in this section referred to as the ‘full-time employee’) is no longer so engaged.

(3) Where—

(a) family income supplement is payable in respect of a family under section 228 and payment of that supplement ceases to be payable before the end of the period specified in subsection (1) by virtue of subsection (2), section 247(6) or section 247(7), and

(b) on a date before the end of the period specified in subsection (1) —

(i) the full-time employee or the spouse, civil partner or cohabitant of the full-time employee is determined to be engaged in remunerative full-time employment as an employee, or

(ii) section 247(6) or 247(7) no longer apply,

family income supplement shall, subject to subsection (2), section 247(6) and section 247(7), be payable in respect of that family—

(i) for the period commencing on the date to which paragraph (b)refers and ending on the date of cessation of the period specified in subsection (1), and

(ii) subject to section 229(3), at the weekly rate that was payable at the beginning of the period specified in subsection (1).

Person to be regarded as member of one family only

230A. Where family income supplement is payable in respect of a particular family for any period, no person who was included in that family at the beginning of that period shall be regarded, for the purposes of family income supplement, as a member of any other family during that period.”.

11.. Amendments to Principal Act regarding habitual residence

11.(1) Section 246 of the Principal Act is amended—

(a) by substituting the following subsection for subsection (1):

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

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

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

(i) a Member State, or

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

(c) the person is a family member of a person referred to in paragraph (b),