Social Welfare (Consolidation) Act, 1993
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CHAPTER 3 Appointment and Duties of Social Welfare Inspectors | ||
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Social welfare inspectors. |
[1993, s. 27] | |
212.—(1) The Minister may appoint such and so many of his officers as he thinks proper to be social welfare inspectors for the purposes of such provisions of Parts II, III, IV, V, IX and this Part as he may determine in the case of such appointments. | ||
[1993, s. 27] | ||
(2) Every social welfare inspector shall investigate and report to the Minister upon any claim for or in respect of benefit and any question arising on or in relation to such benefit which may be referred to him by the Minister, and may, for the purpose of such investigation and report require— | ||
(a) a claimant or a beneficiary, | ||
(b) the spouse or any employer of the claimant or beneficiary, | ||
(c) in the case of child benefit, any person in charge of a child in respect of whom the claim is made, | ||
(d) a person liable to contribute under section 286(1) or any employer of any such person, and | ||
(e) the personal representative of a person who was at any time in receipt of any benefit, | ||
to furnish him with such information and to produce to him such documents, within such period as may be prescribed, as he may reasonably require. | ||
[1993, s. 27] | ||
(3) A social welfare inspector shall, for the purposes of Parts II, III, IV, V, IX and this Part, have power to do all or any of the following— | ||
(a) to enter, without prior notification, 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 ascertaining whether the provisions of Part II, III, IV, V, IX or this Part are being or have been complied with in any such premises or place, | ||
(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 II, III, IV, V, IX or this Part, every person whom he finds in any such premises or place, or who he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined and to sign a declaration of the truth of the matters in respect of which he is so examined, | ||
(d) to exercise such other powers as may be necessary for carrying Parts II, III, IV, V, IX and this Part into effect. | ||
[1993, s. 27] | ||
(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing— | ||
(a) any person in insurable employment or insurable (occupational injuries) employment, or | ||
(b) any claimant or beneficiary, | ||
and the servants and agents of any such occupier or other person, and any insured person, claimant or beneficiary or person in respect of whom such a benefit is claimed, shall furnish to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether benefit is or was payable to or in respect of any person. | ||
[1993, s. 27] | ||
(5) Any person who holds a certificate of authorisation under section 17 (as amended by section 28 of the Finance Act, 1992 ) of the Finance Act, 1970 , shall, upon the request of a social welfare inspector, furnish such certificate for inspection by him. | ||
[1993, s. 27] | ||
(6) If any person— | ||
(a) wilfully delays or obstructs a social welfare inspector 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 inspector or any other person appointed under this section, | ||
he shall be guilty of an offence. | ||
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(7) Notwithstanding the preceding provisions of this section, a person shall not be required under this section to give any evidence or answer any question tending to incriminate himself. | ||
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(8) Every social welfare inspector shall be furnished with a certificate of his appointment, and on entering any premises or place for the purposes of Parts II, III, IV, V, IX and this Part shall, if so requested, produce the said certificate. | ||
[1993, s. 27] | ||
(9) The premises or places liable to inspection under this section are any premises or places where a social welfare inspector 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 inspector has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept. | ||
[1993, s. 27] | ||
(10) Where any premises or place is liable to be inspected by an inspector or by an officer appointed, employed by, or under the control of, another Minister of the Government, the Minister may make arrangements with that other Minister for any of the powers or duties of a social welfare inspector appointed under this section to be vested in the inspector or officer employed by that other Minister and, where such an arrangement is made, such inspector or officer shall have all the powers of a social welfare inspector appointed under this section for the purposes of the inspection. | ||
[1993, s. 27] | ||
(11) Where a person is required by subsection (4) to produce records required pursuant to regulations made under section 14(5), he shall, upon the request of a social welfare inspector, produce such records at his registered address or his principal place of business. | ||
[1993, s. 27] | ||
(12) A person who fails to comply with a request to produce records under subsection (11) within 21 days following the issue of such request in writing sent by registered post to him at his registered address or his principal place of business shall be guilty of an offence. | ||
[1993, s. 27] | ||
(13) Records of persons employed which an employer is obliged to maintain under regulations made under section 14(5) which are produced to a social welfare inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of such persons and of the periods during which such persons were employed by him. | ||
[1993, s. 27] | ||
(14) Where an employer issues to an employee a statement containing the particulars specified in section 9 of the Minimum Notice and Terms of Employment Act, 1973 , he shall retain a copy of such statement for a period of 2 years from the date on which that statement was issued and shall furnish such copy on demand to a social welfare inspector for inspection under this section. |