Social Welfare (Miscellaneous Provisions) Act 2010

Functions of Minister.

32.— (1) The Minister may—

(a) with the consent of the Minister for Finance, develop and implement a scheme, including a scheme developed and implemented in conjunction with or with the co-operation of another Minister of the Government, a body established by or under statute or any other person, that facilitates and provides assistance for—

(i) the provision of income support,

(ii) generating or maintaining employment and without prejudice to the generality of the foregoing such assistance includes—

(I) assistance for the purposes of supporting, managing, administering, planning and supervising such employment, and

(II) financial assistance as may be determined from time to time having regard to the purpose and requirements of the scheme concerned,

and

(iii) any service that provides employment or opportunities for creating employment either generally or in relation to communities or areas and includes any such service the purpose of which is to benefit communities or areas,

(b) maintain a scheme referred to in paragraph (a),

(c) expand, with the consent of the Minister for Finance, a scheme referred to in paragraph (a), and

(d) without prejudice to the generality of the foregoing, maintain—

(i) the scheme commonly known as the rural social scheme, and

(ii) the programme commonly known as the community services programme,

and may maintain such scheme or programme in conjunction with or with the co-operation of any other Minister of the Government, a body established by or understatute or any other person, and may, with the consent of the Minister for Finance, expand such scheme or programme.

(2) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the provision of funding to a person or persons under a scheme provided under this Part or the scheme referred to in subsection (1)(d)(i) or the programme referred to in subsection (1)(d)(ii).

(3) A scheme developed, implemented, maintained or expanded by the Minister under this Part—

(a) may be operated, managed, delivered or sponsored by any other person, and may be so operated, managed, delivered or sponsored directly or indirectly, and

(b) may be operated, managed, delivered or sponsored by any other person in whole or in part.

(4) Nothing in this Part shall be construed as—

(a) preventing the Minister from terminating a scheme,

(b) without prejudice to the generality of paragraph (a), preventing the Minister from terminating the schemereferred to in subsection (1)(d)(i) or the programmereferred to in subsection (1)(d)(ii), or

(c) affecting any function of another Minister of the Government or a body established by or under statute.