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Irish Statutory Instruments
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URL: http://www.bailii.org/ie/legis/num_reg/1988/0177.html

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S.I. No. 177/1988 -- Social Welfare (Family Income Supplement) (Amendment) Regulations 1988.

S.I. No. 177/1988 -- Social Welfare (Family Income Supplement) (Amendment) Regulations 1988. 1988 177

S.I. No. 177/1988:

SOCIAL WELFARE (FAMILY INCOME SUPPLEMENT) (AMENDMENT) REGULATIONS 1988.

SOCIAL WELFARE (FAMILY INCOME SUPPLEMENT) (AMENDMENT) REGULATIONS 1988.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 and 115 of the Social Welfare (Consolidation) Act, 1981 (No. of 1981) and section 232F of the Act (as inserted by the Social Welfare Act, 1984 (No. 5 of 1984), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Social Welfare (Family Income Supplement) (Amendment) Regulations, 1988.

(2) These Regulations and the Social Welfare (Family Income Supplement) Regulations, 1984 to 1986 shall be construed as one and may be cited together as the Social Welfare (Family Income Supplement) Regulations, 1984 to 1988.

2. The Social Welfare (Family Income Supplement) Regulations, 1984 ( S.I. No. 278 of 1984 ) (hereinafter called "the Principal Regulations") are hereby amended by:--

(a) the insertion in article 2 after " Social Welfare (Consolidation) Act, 1981 " of the following definitions:--

"the Act of 1987" means the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987),

"the Act of 1988" means the Social Welfare Act, 1988 (No. 7 of 1988),

(b) The insertion in article 10 of the following:--

"(3) In the case of a claim for a supplement received by the Minister in the period commencing on the 22nd day of July, 1988 and ending on the 2nd day of August, 1988 the claim shall be deemed, for the purpose of section 5 (3) of the Act of 1988, to have been received on the 28th day of July, 1988".

(c) the deletion in article 19 of "with article 8 or".

3. The Schedule to the Principal Regulations is hereby amended by:--

(a) the substitution for the proviso in section 35 (l) of the Social Welfare (Consolidation) Act, 1981 , as set out and modified in the Schedule to the Regulations, of the following proviso:--

"Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work".

(b) the substitution in sections 114 (4) (ii) and 115 (1) (d) (ii) and 115 (3) (b) of the Social Welfare (Consolidation) Act, 1981 as set out and modified in the Schedule to the Regulations of "£10,000" for "£3,000" and "three years" for "two years".

(c) the amendment of section 114 (6) of the Social Welfare (Consolidation) Act, 1981 as set out and modified in the Schedule to the Regulations--

(i) by insertion of "or self-employed" after "any persons are or have been employed" and

(ii) by substitution of "employed persons or to self-employed persons" for "persons in employment".

(d) the amendment of section 290 of the Social Welfare (Consolidation) Act, 1981 as set out and modified in the Schedule to the Regulations by the substitution of "a document to which this Part applies" for "a document to which Part IVA applies".

(e) the insertion in the appropriate columns of the following:
Title Modification
Section 112A of the Act (inserted by section 3 of the Act of 1987 112A--(1) An employer shall furnish to the Minister in writing in respect of any person who is or was in his employment such details, including periods of employment, as are required by the Minister to enable determination or review of a claim to any supplement by or in respect of that person.
(2) Regulations may specify the details which an employer shall furnish under sub-section (1) and prescribe the manner in which such details shall be so furnished.
(3) A person who fails to comply with this section or regulations made hereunder shall be guilty of an offence and shall be liable-

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.
Section 114A of the Act (inserted by section 5 of the Act of 1987). 114A--(1) Where a person is required by section 114(3) as applied and modified by these Regulations to produce records he shall produce such records at his registered address or his principal place of business as an inspector may require.

(2) A person who fails to comply with subsection (1) as soon as may be following the issue of a written demand sent by registered post to him at his registered address or his principal place of business shall be guilty of an offence and shall be liable--

(a) on summary conviction to a fine not exceeding £1,000 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or (at the discretion of the court) to imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

GIVEN under the Official Seal of the Minister for Social Welfare,

this 20th day of July, 1988.

MICHAEL WOODS,

Minister for Social Welfare.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 20th day of July, 1988.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations make transitional provisions to enable claims received between 22 July and 2 August 1988 to benefit from the improvements in family income supplement applicable from 28 July 1988. They also amend certain provisions to correspond with amendments to similar provisions relating to other social welfare payments effected by the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987).

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URL: http://www.bailii.org/ie/legis/num_reg/1988/0177.html