S.I. No. 317/2015 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Sharing of Information) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2015.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )) and 266 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Sharing of Information) Regulations 2015.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2015 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2015.

Sharing of information

2. Article 189 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) is amended by—

(a) the substitution of the following sub-article for sub-article (1):

“(1) The following information is prescribed as the information that may be shared, in accordance with section 266, by a body specified in paragraph 2 of Schedule 5 with the Minister for Education and Skills or an tÚdarás um Ard-Oideachas:

(a) in relation to a student of that body—

(i) his or her—

(I) forename,

(II) surname,

(III) date of birth,

(IV) address,

(V) sex,

(VI) nationality,

(VII) personal public service number, and

(VIII) mother’s birth surname,

and

(ii) whether the student—

(I) boards at his or her school,

(II) is exempt from studying the Irish language and, if so, the date, category and grantor of such exemption,

(III) is in receipt of resource teaching support or learning support and, if so, the type of such support,

(IV) is in a class for students with special educational needs and, if so, the level of integration of the student, if any, in mainstream class settings,

(V) is a student in a special class and, if so, the type of special class,

(VI) is a student in a special school and, if so, the category of capitation grant that is paid in respect of that student,

(VII) is a new entrant,

(VIII) is repeating a year and, if so, the reasons why,

(IX) is a short-term placement student and, if so, the duration for which he or she has been enrolled;

(b) in relation to the course of study being undertaken by a student of that body—

(i) the date of enrolment of the student,

(ii) the source of enrolment for the student,

(iii) the class group and standard of the student,

(iv) the class type of the student,

(v) the student type,

(vi) the current school roll number for the student,

(vii) the former school roll number for the student, if applicable,

(viii) the date that the student leaves the course of study and the leaving destination,

(ix) the programme for which the student is studying and his or her programme year,

(x) the examination candidate number for the student,

(xi) the subjects which the student is studying and the subject level at which he or she is studying those subjects,

(xii) the language through which the student is studying,

(xiii) whether the student is participating in a scheme administered by an Education and Training Board and known as the Vocational Training Opportunities Scheme, and

(xiv) where the student is enrolled in a Post Leaving Certificate or an Applied Leaving Certificate Programme, the highest level of academic attainment previously achieved.”,

and

(b) the insertion of the following sub-article after sub-article (1):

“(1A) In sub-article (1), ‘student’ has the same meaning as it has in section 2 (1) of the Education Act 1998 (No. 51 of 1998).”.

GIVEN under my Official Seal,

21 July 2015.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 266 of the Social Welfare Consolidation Act 2005 provides that various educational bodies and institutions may share information with the Minister for Education and Skills and with the Higher Education Authority for the purposes of recording a persons educational or training history or monitoring his or her educational or training progress in order to ascertain how best he or she may be assisted in availing of educational or training opportunities or in developing his or her full educational potential.

The purpose of these Regulations is to extend the types of information that can be shared in order to further assist the Minister for Education and Skills to adequately monitor the progress of students through the education system.

The additional information to be shared includes information relating to the special educational needs of students and whether the student is repeating a year.