Social Welfare Act, 1999

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Number 3 of 1999

SOCIAL WELFARE ACT, 1999

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Increases

PART III

Carers

PART IV

Farm Assist

PART V

Improvements in Social Welfare Schemes

PART VI

Miscellaneous Provisions

PART VII

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

PART VIII

Amendment of Pensions Act, 1990

SCHEDULE A

SCHEDULE B

SCHEDULE C

SCHEDULE D

SCHEDULE E

SCHEDULE F

Number 3 of 1999

SOCIAL WELFARE ACT, 1999

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, SECTION 7A OF THE HEALTH CONTRIBUTIONS ACT, 1979, THE YOUTH EMPLOYMENT AGENCY ACT, 1981, AND THE PENSIONS ACT, 1990. [1st April, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title and construction.

1.—(1) This Act may be cited as the Social Welfare Act, 1999.

(2) The Social Welfare Acts and this Act (other than Parts VII and VIII) shall be construed together as one.

Definitions.

2.—In this Act—

“the Act of 1995” means the Social Welfare Act, 1995 ;

“the Act of 1996” means the Social Welfare Act, 1996 ;

“the Act of 1997” means the Social Welfare Act, 1997 ;

“the Act of 1998” means the Social Welfare Act, 1998 ;

“the No. 2 Act of 1993” means the Social Welfare (No. 2) Act, 1993 ;

“the Principal Act” means the Social Welfare (Consolidation) Act, 1993 .

Continuance of instruments.

3.—An instrument that is made under a provision of the Principal Act that is amended by this Act and that is in force immediately before the commencement of the amendment shall continue in force as if made under the provision so amended.

PART II

Increases

Social insurance benefits (new rates).

4.—(1) The Principal Act is hereby amended by the substitution for Parts I to IV (inserted by section 4 of the Act of 1998) and Part V of the Second Schedule thereto of the Parts set out in Schedule A to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to death benefit under section 63 and bereavement grant (inserted by section 19 of this Act), on the 6th day of April, 1999,

(b) in so far as it relates to unemployment benefit, on the 27th day of May, 1999,

(c) in so far as it relates to disability benefit, health and safety benefit, injury benefit and disablement gratuity on the 31st day of May, 1999,

(d) in so far as it relates to retirement pension, invalidity pension and a relevant payment by virtue of section 18(1)(a) of the Act of 1996, on the 3rd day of June, 1999, and

(e) in so far as it relates to disablement pension, death benefit under section 60, 61 or 62 of the Principal Act, old age (contributory) pension, widow's and widower's (contributory) pension and orphan's (contributory) allowance, on the 4th day of June, 1999.

Social assistance payments (new rates).

5.—(1) The Principal Act is hereby amended by the substitution for Parts I and II (inserted by section 5 of the Act of 1998) of the Fourth Schedule thereto of the Parts set out in Schedule B to this Act.

(2) This section shall come into operation—

(a) in so far as it relates to unemployment assistance on the 26th day of May, 1999,

(b) in so far as it relates to supplementary welfare allowance, on the 31st day of May, 1999,

(c) in so far as it relates to disability allowance, on the 2nd day of June, 1999,

(d) in so far as it relates to pre-retirement allowance, one-parent family payment (other than where payable in respect of a widow or widower), carer's allowance and a relevant payment by virtue of section 18(1) (b) or (c) of the Act of 1996, on the 3rd day of June, 1999, and

(e) in so far as it relates to old age (non-contributory) pension, blind pension, widow's and widower's (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and orphan's (non-contributory) pension, on the 4th day of June, 1999.

Child benefit (new rates).

6.—(1) The Fourth Schedule to the Principal Act is hereby amended by the substitution for Part III (inserted by section 6 of the Act of 1998) of the following Part:

“PART III

Amounts of Child Benefit

”.

(2) This section shall come into operation on the 1st day of September, 1999.

Family income supplement (new weekly rates)

7.—(1) The Principal Act is hereby amended by the substitution for section 198 (inserted by section 7 (3) of the Act of 1998) of the following section:

(2) This section shall come into operation on the 3rd day of June, 1999.

Employment contributions (increases in earnings ceilings).

8.—(1) Section 10 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1)(c) of “£25,400” for “£-549200” (inserted by section 8(1)(b) of the Act of 1998),

(b) the substitution in subsection (1)(d) (i) and (ii) of “£280” for “£-579” (inserted by section 8(1)(c) of the Act of 1998), and

(c) the substitution in subsection (1)(e) of “£35,000” for “£-599000” (inserted by section 8(1)(d) of the Act of 1998).

(2) This section shall come into operation on the 6th day of April, 1999.

Self-employment contributions (increase in income ceiling).

9.—(1) Section 18(1) of the Principal Act is hereby amended by the substitution in paragraph (d) of “£-559400” for “£24,200” (inserted by section 9(1) of the Act of 1998).

(2) This section shall come into operation on the 6th day of April, 1999.

PART III

Carers

Extension of definitions.

10.—Section 163 (1) of the Principal Act is hereby amended by—

(a) the substitution for the definition of “relevant pensioner” (inserted by section 12 (1) of the Act of 1995) of the following definition:

“‘relevant person’ means a person (other than a person in receipt of an increase of disablement pension under section 57 in respect of constant attendance) who is so incapacitated as to require full-time care and attention, and who—

(a) has attained the age of 16 years, or

(b) is under the age of 16 years and is a person in respect of whom an allowance is paid for domiciliary care of handicapped children under section 61 of the Health Act, 1970 ;”,

and

(b) the substitution for the definition of “carer” of the following definition:

“‘carer’ means—

(a) a person who resides with and provides full-time care and attention to a relevant person, or

(b) a person who, subject to such conditions and in such circumstances as may be prescribed, does not reside with but who provides full-time care and attention to a relevant person.”.

Respite care grant.

11.—The Principal Act is hereby amended by the insertion after section 168 of the following section:

Assessment of means — improvements.

12.—Part II of the Third Schedule to the Principal Act is hereby amended by—

(a) the deletion in Rule 1(4) of subparagraph (b) (inserted by section 10(-5)9b) of the Act of 1998),

(b) the insertion after paragraph (6) of Rule 1 of the following paragraph:

“(7) In the case of carer's allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded,”,

and

(c) the substitution for paragraph (1A) (inserted by section 12(2) of the Act of 1995) of Rule 4 of the following paragraphs:

“(1A) In the case of carer's allowance, in calculating the weekly means of the other member of the couple for the purposes of paragraph (1) the following shall be disregarded—

(a) an amount, not exceeding, the maximum amount set out in column (2), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state, and

(b) an amount, not exceeding half the amount set out in column (4), reference 3 of Part I of the Second Schedule, of a social security payment payable under the legislation of another state in respect of each qualified child for which an increase is granted under section 165(1) (as amended by section 23 of the Act of 1997).

(1B) In the case of carer's allowance, in calculating the weekly means of the couple (other than means derived from a social security payment payable under the legislation of another state), such amount as may be prescribed shall be disregarded.”.

Amendments consequential on section 10 .

13.—Each provision of the Principal Act mentioned in column (1) of Schedule C to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

Commencement (Part III).

14.—This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART IV

Farm Assist

Farm assist.

15.—Part III of the Principal Act is hereby amended by the insertion after Chapter 13 (inserted by section 15 of the Act of 1997) of the following Chapter:

“CHAPTER 14

Farm Assist

Amendment to Third Schedule of the Principal Act.

16.—The Third Schedule to the Principal Act is hereby amended by the insertion after Part III of the following Part:

“PART IV

Section 191M.

Farm Assist

1. In calculating the means of a farmer for the purposes of Chapter 14 of Part III, account shall be taken of the following—

(1) the gross income received by the farmer or his or her spouse from:

(a) farming (other than the use of a domestic dwelling, or farm building owned and occupied, furniture and personal effects), and

(b) any other form of self-employment less—

(i) any expenses necessarily incurred in carrying on farming or other form of self-employment, and

(ii) where the farmer has a qualified child, who normally resides with him or her, an amount of—

(I) £100 per annum in respect of each of the first two qualified children, and

(II) £200 per annum in respect of each subsequent qualified child,

calculated at the rate of 80 per cent.;

(2) the yearly value ascertained in the prescribed manner of all property belonging to him or her or to his or her spouse (not being a farm of land owned or leased either by him or her or by his or her spouse) which is invested or is other wise put to profitable use or which, though capable of investment or profitable use is not invested or put to profitable use by the farmer or his or her spouse;

(3) all other income which the farmer or his or her spouse may reasonably expect to receive during the succeeding year in cash, whether as contributions to the expenses of the household or otherwise, but excluding—

(a) any moneys received by way of benefit, pension, assistance, allowance, supplement or continued payment for qualified children under Part II, III, IV, V or VA or by way of a payment corresponding to child benefit under Part IV, from another Member State,

(b) any income arising from a bonus under a scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools,

(c) in the case of qualified applicant under a scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Island and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of such temporary resident,

(d) an amount of an allowance, dependant's allowance, disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

(e) any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them,

(f) such amount as may be prescribed of income from employment by a health board or by a person approved by a health board, as a home help,

(g) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health and Children for the purpose of the provision of such training),

(h) any moneys, except so far as they exceed £104 per year, received by a farmer or by his or her spouse in respect of work as an outworker under a scheme that is, in the opinion of the Minister, charitable in character and purpose,

(i) where the farmer or his or her spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(j) payments by a health board in respect of a child who is boarded out,

(k) subject to paragraph (5), all moneys earned by the farmer or his or her spouse in respect of current personal employment under a contract of service,

(l) in such cases as may be prescribed, any moneys received by way of a maintenance grant under a scheme administered by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992,

(m) any moneys received by way of a mobility allowance payable under section 61 of the Health Act, 1970 ,

(n) an amount of £1,000 per annum from the harvesting of seaweed,

(o) subject to paragraph (5), any moneys earned by the farmer or his or her spouse from insurable employment of a seasonal nature,

(p) payments by a health board in respect of the provision of accommodation for a child under section 5 of the Child Care Act, 1991 ,

(q) all income received under the following schemes:

(i) the Rural Environment Protection scheme administered by the Minister for Agriculture and Food, and

(ii) the Special Areas of Conservation Scheme administered by the Minister for Arts, Heritage, Gaeltacht and the Islands,

except in so far as such income exceeds the sum of—

(I) £2,000, plus

(II) one-half of any amount in excess of £2,000 received under those schemes, plus

(III) any expenses necessarily incurred in participating in those schemes,

(r) such other income received by a farmer or his or her spouse as may be prescribed;

(4) all income and the yearly value ascertained in the prescribed manner of all property of which the farmer or his or her spouse have directly or indirectly deprived themselves in order to qualify for the receipt of farm assist, but where such income or the yearly value of the property so ascertained has reduced since the date of calculation, the calculation may be revised, subject to such conditions and in such circumstances as may be prescribed:

Provided that any such regulation shall not cause the income or yearly value of the property taken to be part of the means to be increased;

(5) in the case of a farmer or his or her spouse engaged in current personal or seasonal employment, the value, ascertained in the prescribed manner, of any moneys derived from the said employment and the value so calculated shall be deemed to constitute the weekly means of that person from such employment.

2. In Rule 1(3), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actully received during the year immediately preceding the date of calculation.

3. In this Schedule ‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting together as husband and wife.

4. The Minister may by regulations vary the provisions of Rule 1.”.

Amendments consequential on section 15 .

17.—(1) The Principal Act is hereby amended by—

(a) the insertion in Part I of the Fourth Schedule (inserted by section 5 of this Act) after the rate of assistance contained at reference 10 of the following rates:

“11. Farm Assist | 73.50 | 43.20 | 13.20 | — | — | —”,

and

(b) the insertion after section 138 of the following section:

“138A.—In the case of a person who was in receipt of farm assist under Chapter 14 of Part III immediately prior to becoming entitled to old age (non-contributory) pension, the weekly rate of pension payable shall be either—

(a) the rate payable in accordance with sections 136, 137 and 138, or

(b) an amount equal to the rate of farm assist which was payable in accordance with sections 191N and 191O immediately prior to becoming entitled to old age (non-contributory) pension,

whichever is the greater amount.”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule D to this Act is hereby amended in the manner specified in column (2) of the Schedule opposite the mention of that provision in column (1).

Commencement (Part IV).

18.—This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART V

Improvements in Social Welfare Schemes

Bereavement grant.

19.—(1) The Principal Act is hereby amended by the substitution for Chapter 19 of Part II of the following Chapter:

“Chapter 19

Bereavement Grant

(2) The substitution in section 18(1)(g) for “or orphan's (contributory) allowance” of “or orphan's (contributory) allowance or bereavement grant”.

(3) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(4) Every reference in the Principal Act and in any other enactment to death grant shall be construed as a reference to bereavement grant.

(5) The amendment effected by this section shall apply to any claim for bereavement grant where the death occurs on or after the 6th day of April, 1999.

Disability allowance — extension of payment.

20.— Section 191B of the Principal Act (inserted by section 13 of the Act of 1996) is hereby amended by the substitution for subsections (3) and (3A) (inserted by section 22 of the Act of 1997) of the following subsections:

“(3) Subject to subsections (3A) and (3B), a person shall not be entitled to receive disability allowance for any period during which that person is resident in an institution.

(3A) Subject to this Chapter, regulations may, subject to such conditions and in such circumstances as may be prescribed, provide for entitling to disability allowance a person who would be entitled thereto but for the fact that he or she is resident in an institution, where the person is temporarily resident elsewhere for—

(i) a period of not less than two days a week, or

(ii) such other period as may be prescribed:

Provided that in the case of a person to whom paragraph (i) applies, disability allowance payable by virtue thereof shall be payable at a rate less than that specified in the Fourth Schedule.

(3B) Notwithstanding subsections (3) and (3A), where a person who, on or after the 1st day of August, 1999, being a beneficiary of disability allowance, is subsequently admitted to an institution, that person shall, if at the time of admittance to the institution, he or she would otherwise be entitled to receive disability allowance, continue to be so entitled.”.

Pensions for self-employed — over age 56.

21.— Section 84 of the Principal Act is hereby amended by—

(a) the insertion in subsection (2) after paragraph (d) of the following paragraph:

“(e) In the case of a person who became a self-employed contributor for the first time on or after the 6th day of April, 1988, and was not previously an employed contributor under this Act or the National Health Insurance Acts 1911 to 1952, prior to becoming so insured, and who on or before the 6th day of April, 1988, had attained the age of 56 years but had not attained the age of 62 years, subsection (1)(a) shall be construed as if ‘62’ were substituted for ‘56’ for the purposes of qualifying for a pension under subsections (16) and (17).”,

(b) the insertion after subsection (15) of the following sub-sections:

“(16) Subject to subsection (17), a pension shall be payable in the case of a person who—

(a) became a self-employed contributor for the first time on or after the 6th day of April, 1988, and who on or before that date had attained the age of 56 years and who fails to satisfy the contribution conditions at section 84(1)(c) or 84(7), or

(b) satisfies the contribution condition at section 84(1)(a) by virtue of section 84(2)(e) and who, but for section 84(2)(e) fails to satisfy the contribution conditions at section 84(1) or 84(7),

and who has qualifying contributions in respect of not less than 260 weeks since becoming a self-employed contributor.

(17) The rate of pension payable in accordance with subsection (16) shall be payable at half the rate specified in column (2) at reference 3 of Part I of the Second Schedule and any increases payable under section 87 (1) or (2) shall be payable at half the rate specified in columns (3) and (4) at reference 3 of Part I of the Second Schedule.

(18) The total amount payable by way of pension in accordance with subsections (16) and (17) shall be rounded up to the nearest 10p where it is a multiple of 5p but not also a multiple of 10p and shall be rounded to the nearest 10p where it is not a multiple of 5p or 10p.”,

and

(c) the substitution in section 87 (1) and (2) for “The weekly rate” of “Subject to this Part, the weekly rate”.

Assessment of means — fishermen.

22.—Part I of the Third Schedule to the Principal Act is hereby amended by—

(a) the substitution in Rule 1 for paragraph (2)(j) (inserted by section 26(1) of the Act of 1997) of the following subparagraphs:

“(j) where his or her spouse is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived therefrom as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

(jj) other than in the case of disability allowance, and subject to paragraph (8), any income derived by a fisherman from any form of self-employment,”,

(b) the insertion in Rule 1 after paragraph (2)(l) (inserted by section 26(1) of the Act of 1997) of the following subparagraph:

“(ll) other than in the case of disability allowance, any expenses necessarily incurred in carrying on any form of self-employment,”,

(c) the insertion in Rule 1 after paragraph (7) (inserted by section 22 of the Act of 1996) of the following paragraphs:

“(8) in the case of a fisherman, the gross income derived from any form of self-employment less—

(a) any expenses necessarily incurred in carrying on any form of self-employment, and

(b) where the fisherman has a qualified child, who normally resides with him or her, an amount of—

(i) £100 per annum in respect of each of the first two qualified children, and

(ii) £200 per annum in respect of each subsequent qualified child,

calculated at the rate of 80 per cent.”,

and

(d) the substitution for Rule 3 (inserted by section 16(3) of the Act of 1995) of the following Rule:

“3. In this Schedule—

‘fisherman’ means a person engaged in seafishing as a self-employed person—

(a) on a fishing boat entered in the Register of Fishing Boats, or

(b) on a fishing boat and in a place in respect of which a fishing licence (within the meaning of section 3 of the Fisheries (Consolidation) Act, 1959 ) for fishing for salmon at sea has been issued;

‘spouse’ means—

(a) each person of a married couple who are living together, or

(b) a man and woman who are not married to each other but are cohabiting together as husband and wife.”.

Relevant payment —saver provision.

23.—Section 18 of the Act of 1996 is hereby amended by the substitution for subsection (4) of the following subsections:

“(4) Notwithstanding the provisions of this Part, where, a woman, has ceased or ceases to be entitled to benefit under Chapter 18 of Part II of the Principal Act by virtue of no longer having at least one qualified child residing with her, she shall, on reaching the age of 40 years, where but for this Part she would be entitled to the said benefit, again become and continue to be entitled to the said benefit, for the duration of her continuous entitlement thereto, in accordance with the provisions of the Principal Act and regulations made thereunder.

(5) In the case of a person to whom subsection (2),(3) or (4) applies and who is disqualified for receipt of a relevant payment by virtue of section 211(1)(a) or (14) of the Principal Act, where but for that disqualification she would be entitled to the said relevant payment, she shall again become entitled to the said relevant payment at the expiration of the disqualification in any case where the period of disqualification does not exceed 12 months.”

Volunteer development workers— extension of entitlement.

24.—(1) Section 32 (9) (inserted by section 12 of the No. (2) Act of 1993) of the Principal Act is hereby amended by the substitution for “next suceeding benefit year” of “next two succeeding benefit years”.

(2) Section 43 (7) (inserted by section 13 of the No. (2) Act of 1993) of the Principal Act is hereby amended by the substitution for “next succeeding benefit year” of “next two succeeding benefit years”.

(3) Section 41B (inserted by the European Communities (Social Welfare) Regulations, 1995 ( S.I. No. 25 of 1995 )) of the Principal Act is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) The requirement contained in subsection (1)(b) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for health and safety benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next two succeeding benefit years.”

Commencement (Part V).

25.— This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART VI

Miscellaneous Provisions

Inspection of premises by social welfare inspectors.

26.—(1) Section 212 of the Principal Act is hereby amended by—

(a) the substitution for subsection (3) of the following subsection:

“(3) A social welfare inspector shall, for the purposes of this Act, 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) in such premises or place—

(i) to make such examination or enquiry,

(ii) to inspect and take copies of or extracts from any records (including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form), found there, and

(iii) to remove and retain such records for such period as may be reasonable for further examination,

as may be necessary to ascertain whether the provisions of this Act are being complied with,

(c) to secure for later inspection any such records,

(d) to examine, either alone or in the presence of any other person, as he or she thinks fit in relation to any matters on which he or she may reasonably require information for the purposes of this Act, every person whom he or she finds in any such premises or place, or whom he or she 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 or she is so examined, and

(e) for the purposes of answering or clarifying any questions that the social welfare inspector may have consequent on the inspection of the premises or place, to summon the occupier of the premises or place, any person who is or has been employing persons there or such person as may be designated by the occupier or employer as competent to answer or clarify any such questions, to attend at such premises or place (or at an office of the Minister), at any reasonable time specified, by notice in writing given to him or her at the premises or place or sent there to him or her by registered post.”,

(b) the substitution in subsection (6)(b) for “document” of “record”, and

(c) the insertion after subsection (14) of the following subsections:

“(15) A social welfare inspector may, where he or she considers it necessary, be accompanied by a member of the Garda Síochána when performing any power conferred on a social welfare inspector under this section.

(16) A social welfare inspector may, for the purposes of ensuring compliance with this Act if accompanied by a member of the Garda Síochána in uniform—

(a) stop any vehicle which he or she reasonably suspects is used in the course of employment or self-employment, and

(b) on production of his or her certificate of appointment, if so requested, question and make enquiries of any person in the vehicle or require such person to furnish him or her with any record relating to his or her employment or self-employment which the person has possession of in the vehicle, and examine it.”.

(2) Section 2(1) of the Principal Act is hereby amended by the insertion after the definition of “qualifying contribution” of the following definition:

“‘record’ means any book, document or any other written or printed material in any form including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form;”.

Public service data — use of personal public service number.

27.—Section 223 (1) (inserted by section 14 of the Act of 1998) of the Principal Act is hereby amended by—

(a) the deletion in paragraph (i) of “or”, and

(b) the substitution for paragraph (j) in the definition of “specified body” of the following paragraphs:

“(j) the General Medical Services Payments Board,

(k) the following Voluntary Hospitals:

(i) The Adelaide and Meath Hospital, Dublin incorporating the National Children's Hospital,

(ii) Beaumont Hospital, Dublin,

(iii) Mater Misericordiae Hospital, Dublin,

(iv) St. James's Hospital,

(v) St. Michael's Hospital, Dun Laoghaire,

(vi) St. Vincent's Hospital, Elm Park, Dublin,

(vii) Coombe Women's Hospital, Dublin,

(viii) Rotunda Hospital, Dublin,

(ix) National Maternity Hospital, Dublin,

(x) Our Lady's Hospital for Sick Children, Crumlin, Dublin,

(xi) The Children's Hospital, Temple Street, Dublin,

(xii) Hume Street Hospital, Dublin,

(xiii) St. Luke's and St. Anne's Hospital, Dublin,

(xiv) Royal Victoria Eye and Ear Hospital, Dublin,

(xv) Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin,

(xvi) Cappagh Orthopaedic Hospital, Dublin,

(xvii) St. Mary's Hospital and Residential School, Baldoyle, Dublin,

(xviii) National Rehabilitation Hospital, Dun Laoghaire,

(xix) St. John's Hospital, Limerick,

(xx) Mercy Hospital, Cork,

(xxi) South Infirmary/Victoria Hospital, Cork,

(xxii) Portiuncula Hospital, Ballinasloe, Co. Galway,

(xxiii) Our Lady's Hospice,

(xxiv) The Royal Hospital, Donnybrook,

(xxv) Leopardstown Park Hospital,

(xxvi) St. Vincent's Hospital, Fairview,

(xxvii) Dublin Dental Hospital,

(xxviii) University Dental School and Hospital, Cork, or

(l) such other persons as may be prescribed;”.

Prosecution of offences.

28.—(1) Section 224 of the Principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

“(1) A prosecution for a summary offence may be brought at the suit of—

(a) the Minister,

(b) a health board in any case arising out of the exercise of its functions under this Act, where the offence has occurred within its functional area, or

(c) the Collector-General in any case arising out of the exercise of his or her functions under this Act.

(2) An officer of the Minister shall not institute any summary proceedings for an offence under this Act at the suit of the Minister unless he or she is authorised in that behalf by special or general directions of the Minister or the Minister has consented to the initiation of such proceedings.”

(2) The Principal Act is hereby amended by the insertion after section 224 of the following section:

Appeals to the Circuit Court.

29.—(1) The Principal Act is hereby amended by the insertion in section 253A (inserted by section 34 of the Act of 1997) after “directing him or her to submit the appeal” of “not later than 21 days from receipt of the direction”.

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

Supplementary welfare allowance —transfer of functions.

30.—(1) The Principal Act is hereby amended by—

(a) the substitution in section 247 (2) for “This section” of “Subject to subsection (2A), this section”,

(b) the insertion in section 247 after subsection (2) of the following subsection:

“(2A) In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 11 of Part III.”,

(c) the insertion in section 248 after subsection (1) of the following subsection:

“(1A) A deciding officer who is a bureau officer may at any time make a decision revising a determination of an officer of a health board, including an officer of a health board designated under section 267(1), to entitlement to supplementary welfare allowance if it appears to the deciding officer that the determination ought to be revised having regard to the facts as they are established to the satisfaction of the deciding officer and the application of this Act to those facts and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.”,

(d) the insertion in section 248 after subsection (2) of the following subsection:

“(2A) Subsection (1A) shall not apply to a determination relating to a matter which is on appeal under section 257A or 267(1), as the case may require, unless the revised decision would be in favour of the claimant.”,

and

(e) the substitution for section 175(1) (inserted by section 36 of the Act of 1996) of the following section:

“175.—(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of functions performable under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance decided by a deciding officer, and

(b) making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed.”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule F to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

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

One-parent family payment— disregard of earnings.

31.—The Principal Act is hereby amended by:

(a) the substitution for section 158(3) (as substituted by section 17 of the Act of 1996) of the following subsection:

“(3) Subject to this Act, a one-parent family payment shall not be payable to a qualified parent whose gross weekly earnings (including wages and profit from any form of self-employment) exceed £230.76.”,

(b) the substitution of paragraph (j) of Rule 1(4) of Part II of the Third Schedule (as inserted by section 26(1)(c) of the Act of 1997) for the following paragraph:

“(j) in the case of a qualified parent, within the meaning of section 157, subject to paragraph (7) any moneys received by way of earnings (including wages and profit from any form of self-employment),”,

and

(c) the insertion after Rule 1(6) of Part II of the Third Schedule of the following paragraph:

“(7) (a) in the case of a qualified parent, within the meaning of section 157, who has earnings (including wages and profit from any form of self-employment), the gross weekly earnings, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of that parent from earnings for the purposes of Chapter 9 of Part III.

(b) in calculating the gross weekly earnings of a qualified parent for the purposes of subparagraph (a), an amount of £115.38 together with half the gross weekly earnings in excess of that amount shall be disregarded.”.

Limitation of payments to a couple.

32.—(1) The Principal Act is hereby amended by—

(a) the substitution in section 122 for subsection (1) of the following subsection:

“(1) In the case of a couple, where each of the couple is entitled to unemployment assistance or pre-retirement allowance, the total amount payable to them pursuant to this Chapter shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance or pre-retirement allowance, as the case may be, (including any increases thereof, where appropriate) and each of them shall be entitled to be paid one-half of the amount (including any increases thereof, where appropriate) which would be payable to him or her if only one of them were in receipt of unemployment assistance or pre-retirement allowance as the case may be.”,

(b) the substitution in section 122 for subsection (4) of the following subsection:

“(4) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension, old age (non-contributory) pension, retirement pension or invalidity pension and the other is entitled to unemployment assistance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such unemployment assistance, (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension, as the case may be, (including any increases thereof, where appropriate), or the total amount of unemployment assistance (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’), that would be payable if only one of the couple were in receipt of benefit, pension or unemployment assistance, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of unemployment assistance payable to the spouse who is entitled to such unemployment assistance shall be reduced by the amount of the excess.”,

and

(c) the substitution for section 191E (as amended by section 22 of the Act of 1997), of the following section:

“191E.—(1) Where one of a couple is entitled to disability benefit, unemployment benefit, injury benefit, disablement pension, old age (contributory) pension or retirement pension and the other is entitled to disability allowance, the total of the amount payable to them by way of such benefit or pension, as the case may be, and such disability allowance (in this subsection referred to as ‘the relevant amount’) shall not exceed the total amount of benefit or pension (including any increases thereof, where appropriate), as the case may be, or the total amount of disability allowance (including any increases thereof, where appropriate), whichever is the greater (in this subsection referred to as ‘the greater amount’) that would be payable if only one of the couple were in receipt of benefit, pension or disability allowance, as the case may be, and, if the relevant amount would but for this subsection exceed the greater amount, the amount of disability allowance payable to the spouse who is entitled to such disability allowance shall be reduced by the amount of the excess.

(2) Where one of a couple is entitled to unemployment assistance or pre-retirement allowance and the other is entitled to disability allowance, the total amount payable to them pursuant to this Act shall not exceed the amount which would be payable if only one of them was entitled to be paid unemployment assistance, pre-retirement allowance or disability allowance, as the case may be, (including any increases thereof, where appropriate), and each of them shall be entitled to be paid one-half of the amount which would be payable to him or her if only one of the couple were in receipt of the assistance or allowance.

(3) In this section—

‘couple’ means a married couple who are living together or a man and woman who are not married to each other but are cohabiting as husband and wife;

‘spouse’ means each person of a couple in relation to the other.”.

(2) This section shall apply in respect of a claim for assistance or allowance made on or after the coming into operation of this section.

PART VII

Amendment of Health Contributions Act, 1979 and Youth Employment Agency Act, 1981

Amendment of Health Contributions Act, 1979.

33.—(1) Sections 5 (1)(a), 6 (1) and (7) (as varied by the Health Contributions (Rate) Regulations, 1987 ( S.I. No. 104 of 1987 )) of the Health Contributions Act, 1979 , are hereby amended by the substitution for “1.25 per cent.” of “2 per cent.” in each place where it occurs.

(2) Section 7A of the Health Contributions Act, 1979 , is hereby amended by—

(a) the substitution in paragraph (1)(a) of “£217” for “£207” (inserted by section 26(1)(a) of the Act of 1998),

(b) the substitution in paragraph (1)(b) of “£11,250” for “£10,750” (inserted by section 26(1)(b) of the Act of 1998), and

(c) the substitution in subsection (2) of “£11,250” for “£10,750” (inserted by section 26(1)(c) of the Act of 1998).

(3) This section shall come into operation on the 6th day of April, 1999.

Abolition of Employment and Training Levy.

34.—(1) Sections 15 to 26 of the Youth Employment Agency Act, 1981 , are hereby repealed.

(2) This section shall come into operation on the 6th day of April, 1999.

PART VIII

Amendment of Pensions Act, 1990

Amendment of Pensions Act, 1990.

35.—Part VI of the Pensions Act, 1990 , is hereby amended by the insertion after section 59A (inserted by section 23 of the Pensions (Amendment) Act, 1996 ), of the following section:

SCHEDULE A

Section 4.

“Second Schedule

Rates of Benefits

PART I

Rates of Periodical Benefits and Increases Thereof

PART II

Occupational Injuries Benefits — Gratuities and Grant

PART III

Disablement Pension

PART IV

Increases of Disablement Pension

PART V

Bereavement Grant

”.

SCHEDULE B

Section 5 .

“Fourth Schedule

Rates of Assistance

PART I

Rates of Periodical Social Assistance and Increases Thereof

PART II

Increase of Old Age (Non-Contributory) Pension and Increase of Blind Pension (where Beneficiary has attained Pensionable Age) for One of a Couple

PART IIA

Increase of Blind Pension for One of a Couple (Where the Beneficiary has not Attained Pensionable Age)

”.

SCHEDULE C

Sections 13.

SCHEDULE D

Sections 17.

SCHEDULE E

Section 19.

SCHEDULE F

Section 30.