Title

(1)

Modification

(2)

( a ) provide for enabling a person to whom a pre-retirement allowance is payable to nominate another person to receive the pre-retirement allowance on his behalf,

( b ) provide, notwithstanding anything in Chapter 2A of Part III, for adjusting the commencement and termination of pre-retirement allowance, or for changes in the rate of pre-retirement allowance, so that payments shall not be made in respect of periods of less than a week or at different parts of a week,

( c ) provide for extinguishing the right to any sum payable by way of pre-retirement allowance where payment thereof is not obtained within 6 months or such shorter period as may be prescribed from the time at which that sum is receivable in accordance with the regulations.

(3) Regulations may also provide--

( a ) for enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under Chapter 2A of Part III and for authorising a person so appointed to receive and deal with any sum payable by way of pre-retirement allowance on behalf of the claimant or beneficiary,

( 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) so much of the pre-retirement allowance 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 of the pre-retirement allowance payable less the amount set out in column 3 in Part I of the Fourth Schedule.

( c ) in connection with the death of any person, for enabling a claim for pre-retirement allowance to be made or proceeded with in his name.

(4) Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing pre-retirement allowance, and that in any such case the sum may be paid or distributed to or among the persons appearing in the manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others.

113. (1) Regulations may make provision in relation to matters arising--

( a ) pending the decision under Chapter 2A of Part III or Part VIII (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for pre-retirement allowance or of any question affecting any person's right to pre-retirement allowance or to receipt thereof, or

( b ) out of the effect of any appeal or revision of any decision under Chapter 2A of Part III or Part VIII on any such claim or question.

(2) Without prejudice to the generality of sub-section (1), regulations made thereunder may include provision--

( a ) for the suspension of pre-retirement allowance where it appears to the Minister that there is or may be a question whether the conditions for receipt thereof in accordance with a decision are or were fulfilled or whether the decision ought to be revised,

( b ) for treating any pre-retirement allowance paid to any person under a decision or by virtue of any provisions of the regulations, which it is subsequently decided was not payable, as paid on account of any other benefit or assistance which it is decided was payable to him, or, in a case referred to in section 300 (5) (a) for the repayment of any such pre-retirement allowance and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or child benefit) as may be specified, or otherwise.

125. (1) In this section "benefit" means--

( a ) disability benefit (including any amount payable by way of pay-related benefit where appropriate),

( b ) unemployment benefit (including any amount payable by way of pay-related benefit where appropriate),

( c ) injury benefit (including any amount payable by way of pay-related benefit where appropriate),

( d ) old age (contributory) pension,

( e ) retirement pension,

( f ) invalidity pension,

( g ) unemployment assistance under Part III,

( h ) pre-retirement allowance under Chapter 2A of Part III,

( i ) pension under Chapter 3 of Part III.

(2) Notwithstanding any provisions to the contrary in Part II or Part III or regulations made thereunder--

( a ) where a person who is in receipt of benefit which includes an increase in respect of an adult dependant dies, payment of the benefit shall continue to be made for a period of 6 weeks after the date of death and shall during that period be made to such person and subject to such conditions as may be prescribed, and

( b ) in any case where payment is made under this section, entitlement to widow's (contributory) pension, widow's (non-contributory) pension, orphan's (contributory) allowance, orphan's (non-contributory) pension, benefit under section 87 or death benefit under section 50 or 52 shall not commence until after the expiration of the period of 6 weeks mentioned in paragraph (a) except and to the extent that regulations otherwise provide.

( a ) while he is resident, whether temporarily or permanently, outside the State, or

( b ) while he is undergoing penal servitude, imprisonment or detention in legal custody, or

( c ) while he is an inmate of an institution maintained wholly or partly out of public moneys or by a local authority, or

( d ) while he is in receipt of or entitled to a blind pension under section 175, or any disability benefit, maternity allowance or unemployment benefit under Part II or unemployment assistance under Part III, or

( e ) while he is employed during any week under a scheme administered by the Department of Labour and known as the Social Employment Scheme.

(2) Every such officer shall investigate into and report to the Minister upon any application for or in respect of pre-retirement allowance and any question arising on or in relation to such a pre-retirement allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report require an applicant for pre-retirement allowance, or the spouse or any employer of the applicant to furnish him with such information and to produce to him such documents as he may reasonably require.

(3) A social welfare officer shall, for the purposes of Chapter 2A of this Part, have power to do all or any of the following things:

( a ) to enter at all reasonable times any premises or place liable to inspection under this section,

( b ) to make such examination and enquiry as may be necessary for the purposes of Chapter 2A of this Part,

( c ) to examine either alone or in the presence of any other person, as he thinks fit, in relation to any matters on which he may reasonably require information for the purposes of Chapter 2A of this Part every person he finds in any such premises or place and to require every such person to sign a declaration of the truth of the matters in respect of which he is so examined.

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any applicant for pre-retirement allowance and the servants and agents of such occupier or other person, and any applicant for pre-retirement allowance shall furnish to a social welfare officer all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare officer may reasonably require for the purposes of Chapter 2A of this Part.

(5) If any person--

( a ) wilfully delays or obstructs a social welfare officer in the exercise of any duty or power under this section, or

( b ) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section, or

( c ) conceals or prevents or attempts to conceal or prevent any person from appearing before or being examined by a social welfare officer appointed under this section,

he shall be guilty of an offence under this section and shall be liable--

(i) 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,

(ii) 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,

but no one shall be required under this section to answer any question or give any evidence tending to incriminate himself.

(6) Every social welfare officer shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this section shall, if so requested, produce the said certificate.

(7) The premises or places liable to inspection under this section are any premises or places where a social welfare officer has reasonable grounds for believing that:

( a ) persons are, or have been, employed, or

( b ) there are, or have been, self-employed persons,

and any premises or place where a social welfare officer has reasonable grounds for believing that any documents relating to persons in employment or self-employed persons are kept.

143B. (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 pre-retirement allowance by or in respect of that person.

(2) Regulations may specify the details which an employer shall furnish under subsection (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 3 years, or to both such fine and such imprisonment.

( 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 3 years, or to both such fine and such imprisonment.

(2) An employer or servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) shall be guilty of an offence under this section 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.

(3) A person convicted or an offence under this section shall--

( a ) if the offence is in relation to the payment or repayment or pre-retirement allowance be disqualified for the receipt of pre-retirement allowance for a period of 3 months immediately following the date of the conviction.

(4) Regulations under Chapter 2A may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £1,000 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.

(5) Where an offence under Chapter 2A or under regulations made under Chapter 2A is committed by a body corporate and, in the case of an offence under subsection (1) where the offence is committed by an employee or officer of the body corporate, every person who at the time of the commission of the offence was a director, manager, secretary or other officer of the body corporate or was purporting to act in any such capacity shall also be guilty of that offence.

(6) It shall be a good defence to a prosecution for an offence under subsection (5) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.

(7) Any summons or other document required to be served for the purpose of proceedings under Chapter 2A on a body corporate may be served--

( a ) by leaving it at or sending it by post to the registered office of the body corporate,

( b ) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or

( c ) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.

(2) Every sum repaid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

152. Where--

( a ) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to pre-retirement allowance, is not at that time receiving payments on account thereof, and

( b ) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of pre-retirement allowance, and

( c ) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of the pre-retirement allowance subsequently becomes payable to that person, and

( d ) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may deduct from the arrears an amount not exceeding the amount of the excess and shall, in such case, pay to the health board the amount so deducted.

(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 re-retirement allowance received by the employee which he was not entitled to receive.