Social Welfare (Miscellaneous Provisions) Act 2015

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Authentication of identity when presenting for payment

9. Section 242 (amended by section 3 of the Social Welfare and Pensions Act 2014 ) of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) Subject to subsection (5), a person presenting for payment of benefit on his or her own behalf shall satisfy the Minister, an officer of the Minister or a payment service provider, as the case may be, as to his or her identity by furnishing—

(a) his or her public services card, or

(b) a card that has been issued to the person by the Minister under section 264 and such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of that person.”,

(b) by the substitution of the following subsection for subsection (5):

“(5) The Minister may make arrangements with a payment service provider in respect of the payment of benefit to such class of persons as the Minister may determine and such arrangements may include the furnishing by the Minister of information or documentation to the payment service provider for the purposes of authenticating the identity of any such persons presenting to the payment service provider pursuant to the arrangement.”,

and

(c) by the insertion of the following subsections after subsection (5):

“(6) A person presenting for payment of benefit on behalf of another person (in this section referred to as the ‘other person’) shall furnish to the Minister, an officer of the Minister or a payment service provider, as the case may be—

(a) where the person has been nominated in that behalf in accordance with regulations made under section 244(1)(a) —

(i) evidence that he or she has been so nominated by the other person to receive the benefit on behalf of the other person,

(ii) the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and

(iii) such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the nominated person,

or

(b) where the person has been appointed in that behalf in accordance with regulations made under section 244(1)(b) —

(i) the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and

(ii) such other information or documentation as the Minster, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the appointed person.

(7) Where a person fails to comply with subsection (4) or (6), payment of benefit may be withheld until such time as the identity of the person is authenticated.

(8) The information or documentation provided by the Minister under subsection (5) may be recorded or retained by a payment service provider for the purposes of this section.

(9) The information or documentation furnished by a person under subsection (4) or (6) may be recorded or retained by the Minister, an officer of the Minister or a payment service provider.”.