PART IV

Miscellaneous Amendments

14. —(1) Section 142 of the Principal Act is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Notwithstanding subsection (1), regulations may provide, subject to such conditions as may be prescribed, that a person who is in receipt of or entitled to unemployment benefit under Part II shall not be disqualified for receiving unemployment assistance:

Provided that any such regulations shall not cause a person to receive both unemployment benefit and unemployment assistance or to receive both unemployment assistance and pay-related benefit in respect of the same day or days.”.

(2) Section 34 of the Principal Act is hereby amended by the insertion after subsection (9) of the following subsection:

“(10) For the purposes of this section, any day in respect of which a person receives unemployment assistance while he is entitled to unemployment benefit shall be treated as though it were a day in respect of which unemployment benefit was paid.”.

15. —(1) Section 146 (1) (b) (as amended by section 13 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion after subparagraph (xi) of the following subparagraph:

“(xiA) payments by a health board in respect of a child who is boarded out,”.

(2) Section 210 (2) (as amended by section 9 of the Social Welfare Act, 1984 , and by section 17 of the Social Welfare (No. 2) Act, 1985 ) of the Principal Act is hereby amended by the insertion in paragraph (a) after subparagraph (i) of the following subparagraph:

“(iA) payments by a health board in respect of a child who is boarded out,”.

(3) Rule 1 (4) of the Third Schedule to the Principal Act is hereby amended by the insertion in subparagraph (e) (inserted by section 18 of the Social Welfare (No. 2) Act, 1987 ) after clause (i) of the following clause:

“(iA) payments by a health board in respect of a child who is boarded out,”.

16. —Section 112 of the Principal Act is hereby amended by the substitution for paragraph (b) of subsection (3) of the following paragraph—

“(b) where it appears to the Minister that the circumstances so warrant, for enabling a person to be appointed to receive and deal with on behalf of a claimant or beneficiary—

(i) in respect of disability benefit, unemployment benefit, old age (contributory) pension, retirement pension or invalidity pension so much of the benefit or pension as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of sections 21 (1), 32 (1), 81 (1), 86 (1) or 91 (1), as appropriate,

(ii) in respect of a widow’s (contributory) pension, so much of the pension as is payable by virtue of section 95 (1),

(iii) in respect of injury benefit or disablement pension so much of the benefit or pension as the Minister considers reasonable in the circumstances:

Provided that in no case shall the amount to be dealt with in this manner exceed the total amount payable less the amount payable by virtue of section 44 (1),”.

17. —Part I of the First Schedule to the Principal Act is hereby amended by the insertion after paragraph 13 (inserted by section 7 of the Social Welfare Act, 1985 ) of the following paragraph:

“14. Employment by An Post as a sub-postmaster remunerated by scale payment.”.

18. —(1) Section 38 (3) of the Principal Act is hereby amended by the deletion of paragraph (e) (which excluded a member of the Garda Síochána from coverage under occupational injuries insurance).

(2) Section 68 of the Principal Act (which relates to taking of benefit into account in assessing damages) is hereby amended by the insertion after subsection (3) of the following subsections:

“(4) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, there shall in assessing compensation be taken into account, against—

(a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries,

(b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (if the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his future career in that force, and

(c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries,

the value of any rights which have accrued or will probably accrue to him therefrom in respect of disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

(5) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, in assessing compensation under those Acts in respect of—

(a) a person’s death, account may be taken of any death benefit by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person’s death, and

(b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 57 of this Act, resulting from those injuries for the 5 years beginning with the time when the cause of action accrued.”.

(3) This section shall come into operation on such day as the Minister may appoint by order.

(4) Subsections (4) and (5) (inserted by subsection (2) of this section) of section 68 of the Principal Act shall not apply to any proceedings instituted for compensation under the Garda Síochána (Compensation) Acts, 1941 and 1945, before the commencement of this section.

19. — Section 15A (inserted by section 2 of the Social Welfare (No. 2) Act, 1987 ) of the Principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The Minister may require—

(a) an employer or any other person to notify him of the date of the commencement of the employment of—

(i) any person in his employment,

(ii) any person engaged by him under a contract for service to perform a service, or

(b) a person engaged under a contract for service to perform a service to notify him of the date on which any person was engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.”.

20. —(1) In this section—

“copy record” means any copy of an original record being a record made for the purposes of or in connection with the Social Welfare Acts or regulations made thereunder or schemes administered by the Department of Social Welfare or a copy of that copy made in accordance with either of the methods referred to in subsection (2) of this section and accompanied by the certificate referred to in subsection (3) of this section;

“original record” means any document, record, or record of an entry in a document or record or information stored by means of any mechanical or electronic device, whether or not in a legible form, which was made or stored by the Minister or a specified agency for the purposes of or in connection with the Social Welfare Acts or regulations made thereunder or schemes administered by the Department of Social Welfare at the time of or shortly after the event recorded and which is in the possession of the Minister or a specified agency;

“provable record” means an original record or a copy record;

“specified agency” means An Post or a person authorised to carry on banking business under section 9 of the Central Bank Act, 1971 .

(2) The Minister or a specified agency may, where by reason of the deterioration of, or inconvenience in storing, or technical obsolescence in the manner of keeping any original record or any copy record, make a legible copy of the record or store information concerning that record otherwise than in a legible form so that the information is capable of being used to make a legible copy of the record, and the Minister or the specified agency may thereupon destroy the original record or the copy record:

Provided that any authorisation required by the National Archives Act, 1986 , for such destruction has been granted.

(3) In any proceedings a certificate signed by an officer of the Minister or a specified agency, as the case may be, stating that a copy record has been made in accordance with the provisions of subsection (2) of this section shall be evidence of the fact of the making of such copy record and that it is a true copy, until the contrary is shown.

(4) A document purporting to be a certificate under subsection (3) of this section shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

(5) In any proceedings any provable record may be given in evidence and shall be prima facie evidence of any fact therein stated or event thereby recorded:

Provided that the court is satisfied of the reliability of the system used to make or compile, in the case of an original record, that record, and in the case of a copy record, the original on which it was based.

(6) Where information contained in a provable record is in a form which would normally not be comprehensible to a person who has no knowledge of that type of information, an explanation of its meaning by a suitably qualified person shall be admissible.

(7) In any proceedings a certificate signed by an officer of the Minister or a specified agency, as the case may be, stating that a full and detailed search has been made for a provable record of an event in every place where such records are kept by the Minister or the agency, as the case may be, and that no such record has been found shall be prima facie evidence that the event did not happen:

Provided that the court is satisfied—

(a) of the reliability of the system used to compile or make and keep such records,

(b) that, if the event had happened, a record would have been made of it, and

(c) that the system is such that the only reasonable explanation for the absence of a record is that the event did not happen.

(8) This section shall apply to any original record or to any copy record made before the passing of this Act in accordance with either of the methods referred to in subsection (2) of this section but the proviso to that subsection shall not have effect in relation to anything deemed to have been done under that subsection before the commencement of section 7 of the National Archives Act, 1986 .

21. —Section 114 of the Principal Act (which relates to inspectors) is hereby amended by the insertion after subsection (7) of the following subsection:

“(8) Records of persons employed which an employer is obliged to maintain under regulations made under section 15 (5) which are produced to an 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.”.

22. —(1) Where a person is convicted of an offence under paragraph (b) or (c) (inserted by section 17 of the Social Welfare Act, 1983 ) of subsection (1) of section 115 of the Principal Act or under subsection (1) or (2) (inserted by section 19 of the Social Welfare Act, 1983 ) of section 144 of that Act, and by reason of that offence any benefit, assistance or family income supplement was received by an employee of his which he was not entitled to receive, such person shall be liable to pay to the Minister on demand a sum not exceeding the amount of such benefit, assistance or supplement which by reason of the said offence was paid to that employee while in his employment and that sum, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(2) Notwithstanding the provisions of subsection (1) of this section or any other provisions of the Social Welfare Acts or regulations made under or applying the provisions of those Acts under which amounts of benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit, assistance or supplement received by the employee which he was not entitled to receive.

23. —Section 17D (inserted by section 11 of the Act of 1988) of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

“(2A) The Minister may by regulations specify circumstances in which contributions payable by a self-employed contributor may be treated as paid.”.

24. —(1) The Principal Act is hereby amended—

(a) by the deletion of paragraph (d) of section 156A (inserted by section 28 (b) of the Act of 1988), and

(b) by the substitution for section 156B (inserted by the said section 28 (b)) of the following section:

“156B.—(1) Subject to subsection (2) the rate of preretirement allowance (in this Chapter referred to as the scheduled rate) shall be the weekly rate set out in column (2) of Part I of the Fourth Schedule increased by—

(a) the amount set out in column (3) of that Part for any period during which the applicant or recipient has an adult dependant, subject to the restriction that the applicant or recipient shall not be entitled to an increase under this paragraph in respect of more than one person, and

(b) the appropriate amount set out in column (4) or (5) of that Part in respect of each qualified child who normally resides with the applicant or recipient.

(2) Persons entitled under this Chapter to receive a pre-retirement allowance shall be paid such allowance at whichever of the following rates is applicable—

(a) for persons with no means, at the scheduled rate, and

(b) for persons with means, at rates to be prescribed, which shall be less than the scheduled rate and which shall vary with the amount of their means.”.

25. —Section 79 (12) (inserted by section 30 (a) of the Act of 1988) of the Principal Act is hereby amended by the substitution for “became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act, 1973 .” of “became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act, 1973 , an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to old age (contributory) pension were payable.”.

26. —(1) In the case of any section of the Principal Act which confers powers on the Minister to apply by regulations any provisions of that Act to matters referred to in that section, such powers shall be deemed to include powers to apply any provisions of any enactment, whether passed before or after this Act, which amends or extends the Principal Act.

(2) The powers conferred on the Minister under subsection (3) of section 23 of the Housing (Private Rented Dwellings) Act, 1982 , in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of, or any provisions made under, the Principal Act shall be deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after this Act, which amends or extends the Principal Act.

27. —(1) Section 130 of the Principal Act is hereby amended by the insertion after subsection (4) (inserted by section 15 of the Social Welfare Act, 1984 ) of the following subsection:

“(5) Where a woman who has attained pensionable age would, but for this subsection, be entitled in respect of any period to—

(a) a widow’s (non-contributory) pension under section 177,

(b) a deserted wife’s allowance under section 195,

(c) a prisoner’s wife’s allowance under section 196, or

(d) a social assistance allowance under section 197,

and either an old age (contributory) pension under section 78 or an old age (non-contributory) pension under section 158, only one such pension or allowance shall be payable.”.

(2) The Social Welfare (Overlapping Benefits) (Amendment) Regulations, 1979 (S.I. No. 118 of 1979), are hereby revoked.

28. —(1) Section 29 (4) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—

(i) he is capable of work,

(ii) he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

(iii) he is genuinely seeking, but is unable to obtain, employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances,”.

(2) Section 138 (1) of the Principal Act is hereby amended by the substitution for paragraph (b) of the following paragraph:

“(b) (i) that he is capable of work,

(ii) that he is, or by reason of his participation in an activity prescribed for the purposes of this subsection and subject to such conditions as may be prescribed, is deemed to be, or is exempted from being required to be, available for employment, and

(iii) that he is genuinely seeking but is unable to obtain employment suitable for him having regard to his age, sex, physique, education, normal occupation, place of residence and family circumstances;”.

29. —Section 3 (4) (a) of the Principal Act is hereby amended by the insertion of “29 (4),” after “19(4),” and of “138 (1), 142 (1A),” after “133,”.

30. —Section 112 of the Principal Act (which relates to the administration of benefit) is hereby amended by the insertion in subsection (3) after paragraph (c) of the following paragraph:

“(d) notwithstanding any other provision of this Act, or regulations made thereunder, for enabling the increase for a prescribed relative payable under section 50 (11), 51 (2), 81 (3), 86 (3), 91 (3), 95 (2) or 103 (2), subject to such conditions and in such circumstances as may be prescribed, to be paid directly to the prescribed relative.”.

31. —Section 115 (1) (as amended by section 21 of the Act of 1988) of the Principal Act is hereby amended by the substitution in subparagraph (i) of paragraph (f) of “3 months” for “6 months”.