Social Welfare (Consolidation) Act, 1981

Furnishing of information to social welfare officers.

[1960 MP, s. 17]

173.—(1) A person who is in receipt of old age pension shall, at the request of a social welfare officer made in the course of an investigation of the means of the person, and within such period (not being less than 30 days) as may be specified in the request—

(a) furnish to the officer such information, books and documents which are in the power, possession or procurement of the person as he may reasonably require and permit him to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and

(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the person as he may reasonably require in relation to such entries.

(2) Where a person who is in receipt of old age pension fails to comply with a request under subsection (1), the Minister, or an officer of the Minister duly authorised in that behalf by the Minister, shall suspend payment of the pension, and

(a) the suspension shall continue until such time (if any) as the request is complied with or the Minister becomes satisfied—

(i) that none of the information, books or documents to which the request referred are in the power, possession or procurement of the person,

(ii) that none of the said books or documents have been disposed of by the person since the making of the request for the purpose of concealing information in relation to his means, and

(iii) that, if the authorisation referred to in subsection (1) (b) was requested, such authorisation has been given,

(b) the person shall not be entitled at any time to any payment on foot of the pension in respect of the period of suspension thereof, other than, in a case where payment of the pension is resumed under paragraph (c), such payment (if any) as may be made to him under that paragraph, and

(c) at such time (if any) as the request is complied with or the Minister becomes satisfied as aforesaid, and if the person is then entitled, having regard to his means, to receive the pension, payment thereof, at the rate then appropriate, having regard to his means, shall be resumed, and there shall be paid to the person such sum (if any) in respect of the period of suspension of the pension as the Minister considers proper in the circumstances.