2004_act_9

Social Welfare (Miscellaneous Provisions) Act 2004

2 Articles / Provisions · Ireland

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ISB Act 2004-03-25

Schedule 1 Social Welfare (Miscellaneous Provisions) Act 2004 Open official source

SCHEDULE 1

Section 17.

Item

Provision of Principal Act Amended

Nature of Amendment

Section 120 (as amended by section 6 of the Social Welfare (Miscellaneous Provisions) Act 2002).

Insert the following subsection after subsection (7): “(8) A person shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Insert the following subsection after subsection (7)

“(8) A person shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Section 134.

(a) In paragraph (a), delete “and”. (b) In paragraph (b), substitute “with section 136; and” for “with section 136.”. (c) Insert the following paragraph after paragraph (b): “(c) the person must be habitually resident in the State at the date of the making of the application therefor.”.

(a) In paragraph (a), delete “and”.

(b) In paragraph (b), substitute “with section 136; and” for “with section 136.”.

“(c) the person must be habitually resident in the State at the date of the making of the application therefor.”.

Section 143 (as amended by section 19 of the Social Welfare Act 1996).

Insert the following subsection after subsection (2): “(3) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Insert the following subsection after subsection (2)

“(3) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Section 148 (as amended by section 9 of the Social Welfare (Miscellaneous Provisions) Act 2003).

Insert the following subsection after subsection (4): “(5) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Insert the following subsection after subsection (4)

“(5) A person shall not be entitled to a pension under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Section 158 (as amended by section 21 of the Act of 2001).

Insert the following subsection after subsection (5): “(6) A one-parent family payment shall not be payable to a qualified parent under this Chapter unless the qualified parent is habitually resident in the State at the date of the making of the application therefor.”.

Insert the following subsection after subsection (5)

“(6) A one-parent family payment shall not be payable to a qualified parent under this Chapter unless the qualified parent is habitually resident in the State at the date of the making of the application therefor.”.

Section 164.

Substitute the following section for section 164

“Entitlement to Allowance.

164.—(1) Subject to this Act, an allowance (in this Act referred to as carer's allowance) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer. (2) A carer shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

164.—(1) Subject to this Act, an allowance (in this Act referred to as carer's allowance) shall, in such circumstances and subject to such conditions as may be prescribed, be payable to a carer.

(2) A carer shall not be entitled to an allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Chapter 11 of Part III.

Insert the following section after section 173

“Exclusion of persons not habitually resident in the State.

173A.—A person shall not be entitled to an allowance (other than an allowance under sections 181 and 182) under this Chapter unless he is habitually resident in the State at the date of the making of the application therefor.”.

Section 191B (as amended by section 21 of the Social Welfare Act 2000).

Insert the following subsection after subsection (4): “(5) A person shall not be entitled to disability allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Insert the following subsection after subsection (4)

“(5) A person shall not be entitled to disability allowance under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

Section 193.

(a) In subsection (1), substitute “Subject to subsection (3), a person” for “A person”. (b) Insert the following subsection after subsection (2): “(3) A qualified person, other than a person to whom paragraph (a), (b) or (c) of section 192(2) applies, shall not be qualified for child benefit under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

(a) In subsection (1), substitute “Subject to subsection (3), a person” for “A person”.

(b) Insert the following subsection after subsection (2)

“(3) A qualified person, other than a person to whom paragraph (a), (b) or (c) of section 192(2) applies, shall not be qualified for child benefit under this section unless he is habitually resident in the State at the date of the making of the application therefor.”.

10.

Part VI.

Insert, in Chapter 2, the following section

“Provision with respect to habitual residence.

208A.—(1) For the purpose of each of the provisions of this Act specified in subsection (3), it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date. (2) In subsection (1) ‘other part of the Common Travel Area’ means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man. (3) The provisions of this Act mentioned in subsection (1) are: sections 120(8), 134(c), 143(3), 148(5), 158(6), 164, 173A, 191B(5) and 193(3).”.

(2) In subsection (1) ‘other part of the Common Travel Area’ means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.

(3) The provisions of this Act mentioned in subsection (1) are

sections 120(8), 134(c), 143(3), 148(5), 158(6), 164, 173A, 191B(5) and 193(3).”.

ISB Act 2004-03-25

Schedule 2 Social Welfare (Miscellaneous Provisions) Act 2004 Open official source

SCHEDULE 2 Amendments to Pensions Act 1990

SCHEDULE 2

Amendments to Pensions Act 1990

Section 23.

Item

Provision affected

Amendment

Section 2.

(a) Substitute “ ‘contract of employment’, other than in Part VII, means—” for “ ‘contract of employment’ means—”. (b) Substitute “ ‘scheme’, other than in Part VII, means—” for “ ‘scheme’ means—”.

(a) Substitute “ ‘contract of employment’, other than in Part VII, means—” for “ ‘contract of employment’ means—”.

(b) Substitute “ ‘scheme’, other than in Part VII, means—” for “ ‘scheme’ means—”.

Section 3 (as amended by the Pensions (Amendment) Act 2002).

(a) Insert the following after subsection (2): “(2A) Where an employee is dismissed from an employment solely or mainly because, in good faith, the employee— (a) notified the Board of an alleged breach of this Act, other than of Part VII, (b) made to the Board a report under section 83 or a voluntary report of any matter concerning the state and conduct of a scheme or PRSA, other than a matter to which Part VII applies, (c) made a reference under section 38, 53, 58 or 64A, (d) gave evidence in any proceedings under this Act, other than Part VII, or (e) gave notice to his employer of his intention to do anything referred to in paragraph (a), (b), (c) or (d), the employer shall be guilty of an offence. (2B) (a) On conviction of an employer for an offence under this section, the Court may, if it thinks fit and the dismissed employee is present or represented in court and consents— (i) order the re-instatement by the employer of the dismissed person in the position which that person held immediately before the dismissal on the terms and conditions on which that person was employed immediately before that dismissal, together with a term that the reinstatement shall be deemed to have commenced on the day of the dismissal, (ii) order the re-engagement by the employer of the dismissed person either in the position which that person held immediately before the dismissal or in a different position which would be reasonably suitable for that person on such terms and conditions as are reasonable having regard to all the circumstances, or (iii) impose on the employer, in addition to any fine imposed under subsection (3), a fine not exceeding the amount which, in the opinion of the Court, the dismissed person would have received from the employer concerned by way of remuneration if the dismissal had not occurred: Provided that that amount shall not exceed— (I) if the conviction was a summary conviction, an amount which together with the fine imposed under subsection (3) does not exceed €3,500, (II) if the conviction was on indictment, an amount equal to 104 weeks' remuneration of the dismissed person. (b) The amount of a fine imposed under paragraph (a) shall be paid to the employee concerned. (c) Without prejudice to any right of appeal by any other person, the employee concerned may appeal against the amount of the fine under paragraph (a), either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district court district (or any part thereof) of the judge of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final. (d) Proof of the payment by an employer of a fine imposed under paragraph (a) shall be a defence to any civil action brought against him or application made under any enactment by the employee concerned in respect of the remuneration referred to in subparagraph (iii) of that paragraph.”. (b) In subsection (3), substitute “under subsection (1), (2) or (2A)” for “under subsection (1) or (2)”.

(a) Insert the following after subsection (2)

“(2A) Where an employee is dismissed from an employment solely or mainly because, in good faith, the employee—

(a) notified the Board of an alleged breach of this Act, other than of Part VII,

(b) made to the Board a report under section 83 or a voluntary report of any matter concerning the state and conduct of a scheme or PRSA, other than a matter to which Part VII applies,

(d) gave evidence in any proceedings under this Act, other than Part VII, or

(e) gave notice to his employer of his intention to do anything referred to in paragraph (a), (b), (c) or (d),

the employer shall be guilty of an offence.

(2B) (a) On conviction of an employer for an offence under this section, the Court may, if it thinks fit and the dismissed employee is present or represented in court and consents—

(i) order the re-instatement by the employer of the dismissed person in the position which that person held immediately before the dismissal on the terms and conditions on which that person was employed immediately before that dismissal, together with a term that the reinstatement shall be deemed to have commenced on the day of the dismissal,

(ii) order the re-engagement by the employer of the dismissed person either in the position which that person held immediately before the dismissal or in a different position which would be reasonably suitable for that person on such terms and conditions as are reasonable having regard to all the circumstances, or

(iii) impose on the employer, in addition to any fine imposed under subsection (3), a fine not exceeding the amount which, in the opinion of the Court, the dismissed person would have received from the employer concerned by way of remuneration if the dismissal had not occurred

Provided that that amount shall not exceed—

(I) if the conviction was a summary conviction, an amount which together with the fine imposed under subsection (3) does not exceed €3,500,

(II) if the conviction was on indictment, an amount equal to 104 weeks' remuneration of the dismissed person.

(b) The amount of a fine imposed under paragraph (a) shall be paid to the employee concerned.

(c) Without prejudice to any right of appeal by any other person, the employee concerned may appeal against the amount of the fine under paragraph (a), either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district court district (or any part thereof) of the judge of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final.

(d) Proof of the payment by an employer of a fine imposed under paragraph (a) shall be a defence to any civil action brought against him or application made under any enactment by the employee concerned in respect of the remuneration referred to in subparagraph (iii) of that paragraph.”.

(b) In subsection (3), substitute “under subsection (1), (2) or (2A)” for “under subsection (1) or (2)”.

Section 5 (as amended by the Pensions (Amendment) Act 2002).

In subsection (5), substitute “2001, or the Protection of Employees (Fixed-Term Work) Act 2003” for “2001”.

Section 34 (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003).

Substitute the following for the proviso to subsection (2) (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003): “Provided that— (i) in the case of a member who is entitled to a preserved benefit under section 28(2)(b), the part of the transfer payment which represents the actuarial value of benefits specified in section 44(a)(v) may be reduced by multiplying it by the specified percentage shown in the most recent actuarial funding certificate having an effective date after 1 June 2002 in respect of that scheme, and (ii) in the case of a defined benefit scheme, if the actuary advises the trustees that he is reasonably satisfied that, if he were to prepare an actuarial funding certificate under section 42 having an effective date of the day upon which the amount of the transfer payment is expected to be made, he would not certify that the scheme satisfies the funding standard provided for in section 44, the amount of the transfer payment applied by the trustees after 2 April 2003 may be reduced by the trustees, on the advice of the actuary, having regard to the provisions of section 48.”.

Substitute the following for the proviso to subsection (2) (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003)

“Provided that—

(i) in the case of a member who is entitled to a preserved benefit under section 28(2)(b), the part of the transfer payment which represents the actuarial value of benefits specified in section 44(a)(v) may be reduced by multiplying it by the specified percentage shown in the most recent actuarial funding certificate having an effective date after 1 June 2002 in respect of that scheme, and

(ii) in the case of a defined benefit scheme, if the actuary advises the trustees that he is reasonably satisfied that, if he were to prepare an actuarial funding certificate under section 42 having an effective date of the day upon which the amount of the transfer payment is expected to be made, he would not certify that the scheme satisfies the funding standard provided for in section 44, the amount of the transfer payment applied by the trustees after 2 April 2003 may be reduced by the trustees, on the advice of the actuary, having regard to the provisions of section 48.”.

Section 113 (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003).

(a) In subsection (1), substitute “subsections (3) and (6)” for “subsection (3)”. (b) In subsection (3), substitute “Subsection (1)” for “Except in the case of a person who is, for the time being, a member of a scheme accruing benefit under that scheme, subsection (1)”. (c) Insert the following after subsection (5): “(6) This section does not apply to a scheme the winding-up of which has been notified to the Board in accordance with Article 14 of the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998).”.

(a) In subsection (1), substitute “subsections (3) and (6)” for “subsection (3)”.

(b) In subsection (3), substitute “Subsection (1)” for “Except in the case of a person who is, for the time being, a member of a scheme accruing benefit under that scheme, subsection (1)”.

“(6) This section does not apply to a scheme the winding-up of which has been notified to the Board in accordance with Article 14 of the Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998).”.

Section 121 (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003).

In subsection (6A)(b) substitute “the PRSA provider of the PRSA concerned” for “the trustees of the scheme concerned” in each place where it occurs.

Section 131 (inserted by the Pensions (Amendment) Act 2002).

In subsection (3), substitute “determined by the Pensions Ombudsman, after consultation with the Minister and the Minister for Finance.” for “prescribed by regulations made by the Minister, after consultation with the Minister for Finance.”.

Section 137 (inserted by the Pensions (Amendment) Act 2002).

Substitute the following for subsection (8): “(8) The Pensions Ombudsman may, if he thinks fit, pay to the person affected by an action in respect of which an investigation is held by the Pensions Ombudsman under this Part and to any other person who attends for the purposes of this investigation sums in respect of travelling and subsistence expenses properly incurred by them of such amount as may be determined by the Minister, after consultation with the Minister for Finance.”.

Substitute the following for subsection (8)

“(8) The Pensions Ombudsman may, if he thinks fit, pay to the person affected by an action in respect of which an investigation is held by the Pensions Ombudsman under this Part and to any other person who attends for the purposes of this investigation sums in respect of travelling and subsistence expenses properly incurred by them of such amount as may be determined by the Minister, after consultation with the Minister for Finance.”.

Social Welfare (Miscellaneous Provisions) Act 2004

Statutory Text (2 Articles)

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