Contributions
SWCA 2005
Part 12A
Employment schemes and other schemes and programmes (s. 359A-359B)
359A.
Functions of Minister in relation to employment schemes and related schemes and programmes.
(1)The Minister may –
(a)provide, or arrange for and co-ordinate the provision of –
(i)employment schemes,
(ii)assistance in obtaining employment,
(iii)assistance in obtaining work experience,
(iv)job placement schemes that facilitate persons seeking employment in obtaining employment, including the provision of –
(I)guidance, advice and information in respect of choice of career and employment, and
(II)services, whereby persons seeking employment are introduced to persons offering employment, and
(b)assist, whether financially or otherwise, in the provision of schemes and programmes referred to in paragraph (a).
(1A)For the purposes of subsection (1), a reference to employment includes a reference to self-employment.
(2)Without prejudice to the generality of subsection (1), the Minister may provide for any employment scheme or other scheme or programme provided, immediately before the coming into operation of section 30 of the Social Welfare and Pensions Act 2010, by An Foras Áiseanna Saothair, pursuant to paragraphs (b) to (g) of section 4(1) of the Labour Services Act 1987 including the following schemes and programme provided by An Foras Áiseanna Saothair immediately before the coming into operation of section 30 of the Social Welfare and Pensions Act 2010:
(a)the scheme known as Community Employment;
(b)the programme commonly known as the work placement programme referred to in section 142B(4);
(c)the scheme known as the Jobs Initiatives Scheme referred to in section 234.
(3)The Minister may amend or terminate, at any time, a scheme or programme referred to in subsection (2).
(4)The Minister shall not be, or be deemed to be, an employer within the meaning of the Terms of Employment (Information) Acts 1994 to 2014 by reason only of –
(a)the provision of funding by him or her to a person pursuant to a scheme or programme provided under this section, or
(b)a payment made by him or her in accordance with subsection (5).
(5)The Minister may, subject to the approval of the Minister for Public Expenditure and Reform, pay from the Exchequer sums agreed in relation to the scheme established and administered by the Minister and known as the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors.
359B.
Discrimination on grounds of age in relation to employment schemes and other schemes and programmes
(1)The Minister, in respect of a class of persons prescribed by the Minister under subsection (2), may discriminate on the grounds of age in –
(a)providing, or arranging for and co-ordinating the provision of, a scheme, programme or assistance under section 359A(1)(a),
(b)assisting, whether financially or otherwise, in the provision of a scheme, programme or assistance referred to in section 359A(1)(a), or
(c)providing for any scheme or programme under section 359A(2).
(2)The Minister may prescribe a class or classes of persons for the purposes of subsection (1) where, on the basis of the information relating to the unemployment rate, the participation rate, or the average duration of unemployment compiled by the Central Statistics Office under section 10 of the Statistics Act 1993 and contained in the most recently published survey for the time being known as the Quarterly National Household Survey –
(a)the unemployment rate for the class of persons is higher than the national unemployment rate,
(b)the participation rate for the class of persons is lower than the national participation rate, or
(c)the average duration of unemployment of unemployed persons in the class of persons is higher than the average national duration of unemployment.
(3)Before 1 August 2016 and every 2 years after 2016, the Minister shall –
(a)carry out a review of the operation, effectiveness and impact of this section,
(b)consider whether the prescribing of a class or classes of persons under subsection (2) continues to be necessary, having regard to the matters referred to in paragraph (a), (b) or (c) of that subsection,
(c)make such findings as he or she thinks appropriate consequent on the review and consideration, and
(d)cause a written report of his or her findings resulting from the review and consideration to be prepared and laid before each House of the Oireachtas.
(4)Section 11 of the Employment Equality Act 1998 shall not apply in relation to the performance by the Minister of his or her functions under this section.