S.I. No. 279/1991 - Social Welfare (Family Income Supplement) Regulations, 1991.

Title

(1)

Modification

(2)

Subsections (1), (2A) and (6) of section 35 of the Act.

35.—(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving supplement so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:

Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.

(2A) A person shall be disqualified for receiving supplement during any week in which he is employed under a scheme administered by FÁS and known as the Social Employment Scheme.

(6) In this section "trade dispute" means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.

Paragraphs (a), (b), (c) and (i) of subsection (1) and subsection (2) of section 111 of the Act.

111.—(1) Every question arising—

(a) in relation to a claim for supplement, or

(b) as to whether a person is or was disqualified for supplement,

(c) as to the period of any disqualification for supplement,

(i) on any such other matter relating to Part IVA as may be precribed,

shall be decided by a deciding officer in accordance with Part VIII.

(2) A reference in this section to a question arising in relation to a claim for supplement includes a reference to a question whether supplement is or is not or was or was not payable.

Subsections (1), (2), (3) (a) and (c) and (4) of section 112 of the Act.

112.—(1) Provision may be made by regulations as to the time and manner of payment of supplement, and as to the information and evidence to be furnished by beneficiaries when applying for payment of supplement and, in consultation with An Post, for payment of supplement in specified cases through An Post.

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

(a) provide for enabling a person to whom supplement is payable to nominate another person to receive the supplement on his behalf,

(b) provide, notwithstanding anything in Part IVA, for adjusting the commencement and termination to supplement, or for changes in the rate of supplement, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week.

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

(3) Regulations may also provide—

(a) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under Part IVA and for authorising a person so appointed to receive and deal with any sum payable by way of supplement on behalf of the claimant or beneficiary,

(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary so much of the supplement as the Minister considers reasonable in the circumstances,

(c) in connection with the death of any person, for enabling a claim for supplement to be made or proceeded with in his name.

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

Section 112A of the Act (inserted by section 3 of the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987)).

112A.—(1) An employer shall furnish to the Minister in writing in respect of any persons who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to any supplement by or in respect of that person.

(2) Regulations may specify the details which an employer shall furnish under subsection (1) and prescribe the manner in which such details shall be so furnished.

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

Section 113 of the Act.

113.—(1) Regulations may make provision in relation to matters arising—

(a) pending the decision under Part IVA or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for supplement or of any question affecting any person's right to supplement to or receipt thereof, or

(b) out of the effect of any appeal or revision of any decision under Part IVA or Part VIII on any such claim or question.

(2) Without prejudice to the generality of subsection (1) regulations made thereunder may include provision—

(a) for the suspension of supplement where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,

(b) for treating any supplement paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such supplement and the recovery thereof by deduction from any benefit, assistance or supplement as may be specified, or otherwise.

Section 119 of the Act.

119.—In any proceedings for an offence under Part IVA or under regulations made under Part IVA or in any proceedings involving any issue for the recovery of any sums due to the Minister, a decision on any question relevant to the proceedings given in accordance with Part IVA or Part VIII shall, unless an appeal or reference in respect of the decision is pending or the time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with Part IVA and Part VIII, and

(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Paragraphs (a) and (b) of subsection (1) of section 142 of the Act.

142.—(1) A person shall be disqualified for receiving supplement—

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

(b) while he is undergoing penal servitude, imprisonment or detention in legal custody.

Section 143A of the Act (inserted by section 13 of the Social Welfare Act, 1985 (No. 5 of 1985)).

143A.—(1) The Minister may, with the sanction of the Minister for Finance appoint such and so many persons as he thinks proper to be social welfare officers for the purpose of Part IVA.

(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of a supplement and any question arising on or in relation to such supplement which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for a supplement or the spouse or any employer of the applicant to furnish him with such information and to produce to him such documents as he may reasonably require.

(3) A social welfare officer shall, for the purposes of Part IVA, have power to do all or any of the following things—

(a) to enter at all reasonable times any premises or place liable to inspection under this section,

(b) to make such examination and enquiry as may be necessary for the purposes of Part IVA.

(c) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of Part IVA, every person he finds in any such premises or place and to require every such person to sign a declaration of the truth of the matters in respect of which he is so examined.

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any applicant for a supplement and the servants and agents of such occupier or other person, and any applicant for a supplement shall furnish to a social welfare officer all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare officer may reasonably require for the purposes of Part IVA,

(5) If any person—

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

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

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

he shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment,

(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment,

but no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself.

(6) Every social welfare officer shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this section shall, if so requested, produce the said certificate.

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

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

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

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

Section 143B of the Act (inserted by section 4 of the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987)).

143B.—(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to supplement by or in respect of that person.

(2) Regulations may specify the details which an employer shall furnish under subsection (1) and prescribe the manner in which such details shall be so furnished.

(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both.

Section 188 of the Act.

188.—(1) Every person—

(a) who, for the purpose of obtaining or continuing a supplement either for himself or for any other person, or for the purpose of obtaining or continuing a supplement for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or

(b) who knowingly obtains payment of, or continues to receive, a supplement which he is disqualified for receiving or to which he is not entitled or of an amount in excess the amount to which he is entitled, or

(c) who knowingly obtains or receives any payment on account of a supplement which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

(2) A person convicted of an offence under subsection (1) in relation to a supplement shall be disqualified for receipt of such supplement for a period of 3 months immediately following the date of conviction.

(3) This section shall apply with the necessary modification in the case of a person to whom a supplement is paid under any of the provisions of Part IVA for or for the benefit of any person.

(6) Where, in any civil proceedings in any court, it is shown to the satisfaction of the court that pursuant to a claim of or on behalf of a person a supplement was allowed or awarded or that the amount of a supplement payable to or in respect of a person was varied and that the supplement as so allowed or awarded or as so varied was at any time in course of payment to the person to whom the supplement was payable, that person shall, in each case, be presumed, unless the contrary is shown, to have been in receipt of a supplement of the amount so allowed or awarded or as so varied, as the case may be, from the date on which the supplement of the amount so allowed or awarded or as so varied, as the case may be, became payable until the date, if any, on which the amount of the supplement is varied or further varied, as the case may be, or the date on which the supplement ceases to be payable, whether by reason of the death of the person or otherwise, whichever should first occur.

(7) Regulations under Part IVA may provide for offences consisting of contraventions of or failure to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

Section 192 of the Act.

192.—(1) If it is found at any time that a person has been in receipt of a supplement during any period during which that person was not entitled thereto, or has been in receipt of a supplement at a higher rate than that appropriate to the case, then that person or, in case that person is dead, that person's personal representative, shall be liable to pay to the Minister on demand any sums paid to that person in respect of the supplement during such period or, as the case may be, a sum representing the difference between a supplement at the rate actually paid and a supplement at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a supplement to which the person subsequently becomes entitled.

(3) Every sum paid to, or recovered by, the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) This section shall apply with the necessary modifications in the case of a person to whom a supplement is paid under any of the provisions of Part IVA for or for the benefit of any person.

(5) The power conferred on the Minister by this section to deduct from any payments on account of a supplement to which a person becomes entitled any sums payable by the person to the Minister under this section may be exercised notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister under this section, and any costs required by such order to be paid to the Minister shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister under this section.

Section 290 of the Act.

290.—In this Part "a document to which this Part applies" means every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which any such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any supplement under this Act is payable to him.

Subsections (5), (6) and (7) of section 300 of the Act.

300.—(5) A revised decision given by a deciding officer or an appeals officer shall take effect as follows:—

(a) where a supplement is disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but the original decision may, in the discretion of the deciding officer or appeals officer (as the case may be) continue to apply to any period covered by the original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(aa) where any benefit, assistance, supplement or child benefit will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts which have been brought to the notice of the deciding officer or appeals officer (as the case may be) since the original decision was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence;

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer or appeals officer (as the case may be) but any payment of supplement already made at the date of the revision shall not be affected.

(6) Where it appears to the Minister that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of a supplement payable under a decision are or were fulfilled, or

(b) a decision that such supplement is payable ought to be revised under this section

he may direct that payment of the supplement shall be suspended in whole or in part until the question has been decided.

(7) Where, in accordance with the provisions of the Act, as applied and modified in these Regulations, a decision is varied or reversed by a deciding officer or an appeals officer so as to disallow or reduce a supplement paid or payable to a person, any such supplement repayable in pursuance of the revised decision may, without prejudice to any other method of recovery, be recovered by deduction from either benefit (except maternity benefit, orphan's (contributory) allowance or death benefit by way of orphan's pension) or assistance (except orphan's (non-contributory) pension or supplementary welfare allowance) to which such person then is or becomes entitled.

Section 304 of the Act.

304.—Subject to this Act, every assignment of or charge on and every agreement to assign or charge, any supplement shall be void and on the bankruptcy of any person entitled to supplement, the supplement shall not pass to any trustees or other person acting on behalf of the creditors.

Section 305 of the Act.

305.—Any sum received by any person by way of supplement shall not be included in calculating that person's means for the purpose of section 6 of the Debtors Act (Ireland), 1872.

Number and Year

Title

Extent of Repeal

(1)

(2)

(3)

S.I. No. 278 of 1984

Social Welfare (Family Income Supplement) Regulations, 1984

The whole Regulations

S.I. No. 337 of 1985

Social Welfare (Family Income Supplement) (Amendment) Regulations, 1985

The whole Regulations

S.I. No. 446 of 1986

Social Welfare (Family Income Supplement) (Amendment) Regulations, 1986

The whole Regulations

S.I. No. 177 of 1988

Social Welfare (Family Income Supplement) (Amendment) Regulations, 1988

The whole Regulations

S.I. No. 196 of 1989

Social Welfare (Family Income Supplement) (Amendment) Regulations, 1989

The whole Regulations

S.I. No. 189 of 1990

Social Welfare (Family Income Supplement) (Amendment) Regulations, 1990

The whole Regulations

S.I. No. 263 of 1990

Social Welfare (Family Income Supplement) (Amendment) (No. 2) Regulations, 1990

The whole Regulations