S.I. No. 196/2012 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Prescribed Time) Regulations 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th June, 2012.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 and 250 (2) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )) and by sections 198C and 250(2A) of the Social Welfare Consolidation Act 2005 (inserted by section 14 of the Social Welfare and Pensions Act 2012 (No. 12 of 2012)), hereby make the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Prescribed Time) Regulations 2012.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2012.

Definition.

2. In these Regulations “Principal Regulations” means the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ).

Commencement.

3. These Regulations come into operation on 7 June 2012.

Prescribed period for provision of certain information.

4. The Principal Regulations are amended by inserting the following article after article 239:

“Prescribed period for provision of certain information.

239A.(1) The prescribed period for the provision by a landlord of the statements or other information—

(a) as provided for in paragraphs (a) and (b) of section 198C(1), to a designated person or

(b) as provided for in paragraphs (a) and (b) of section 250A(2A), to a social welfare inspector,

shall be 21 days following the date of the issue of a request in accordance with section 198C(2) or 250(2B), as the case may be.

(2) The prescribed period for a person specified in paragraphs (a) to (f) of section 250(2) to provide the information or to produce the documents, as may reasonably be required by a social welfare inspector for the purposes of section 250(2), shall be 21 days following the date of the issue of a request by a social welfare inspector to that person for the provision of such information or the production of such documents.”.

/images/ls

GIVEN under my Official Seal,

6 June 2012.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the period of time in which a landlord must furnish statements and other information, as may be requested by a designated officer or a social welfare inspector, for the purposes of investigating claims for the Rent Supplement payable under the Supplementary Welfare Allowance scheme.

In addition, these Regulations prescribe the period of time in which a social welfare claimant or beneficiary, the spouse, civil partner, cohabitant or employer of a claimant or beneficiary and certain other persons must provide information or produce documents which may be reasonably required by a social welfare inspector for the purposes of investigating claims for social welfare benefits or applications for Personal Public Service Numbers (PPSNs).

The prescribed period of time is 21 days following the date of the issuing of a request for such statements, information or documents.