Social Welfare Consolidation Act 2005

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Liable relative in service of State.

[1993 s293(1); 2005 (SW&P) s23 & Sch 1]

353.—(1) Where a liable relative is in the service of the State, a local authority, a harbour authority within the meaning of the Harbours Act 1946 , the Executive, a vocational education committee established by the Vocational Education Act 1930 , or a committee of agriculture established by the Agriculture Act 1931 or is a member of either House of the Oireachtas—

(a) in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment,

(b) in a case where a liable relative is in the service of such an authority or committee or the Executive, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment,

(c) in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary-General of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his or her employment, and

(d) any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary-General of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate.

(2) Where any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance.

(3) A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.

(4) In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas.