Decisions & Appeals
SWCA 2005
Chapter 3
Appointment and Duties of Social Welfare Inspectors (ss. 250-250B)
250.
Social welfare inspectors.
(1)The Minister, or an officer authorised in that behalf by special or general directions of the Minister, may appoint such and so many officers as is appropriate to be social welfare inspectors for the purposes of those provisions of Parts 2, 3, 4, 5, 6, 7, 7A, 8 and 12 and this Part as he or she may determine in the case of those appointments and the Minister may at any time terminate an appointment under this subsection whether or not the appointment was for a fixed period.
(1A)An appointment as a social welfare inspector shall cease –
(a)if the Minister terminates the appointment,
(b)if it is made for a fixed period, on the expiry of that period, or
(c)if the person ceases to be an officer of the Minister.
(1B)A member of the Garda SÃochána seconded to the Minister for a purpose referred to in subsection (1) has conferred on him or her all the powers and duties conferred on a social welfare inspector by this section and may exercise those powers and duties under and in accordance with this Act.
(1C)A member of the Garda SÃochána exercising a power or duty of a social welfare inspector shall continue to be under the general direction and control of the Commissioner of the Garda SÃochána.
(1D)A member of the Garda SÃochána exercising a power or duty of a social welfare inspector shall continue to have conferred on him or her and may exercise the powers and duties of a member of the Garda SÃochána for purposes other than the purposes of this Act, as well as for the purposes of this Act.
(2)Every social welfare inspector shall investigate and report to the Minister on any claim for or in respect of benefit and any question arising on or in relation to that benefit, or an application for, or the use of, a personal public service number in accordance with sections 262 to 271 and any question arising on or in relation to that application or use, which may be referred to him or her by the Minister, and may, for the purpose of the investigation and report require –
(a)a claimant or a beneficiary,
(b)the spouse, civil partner or cohabitant or any employer of the claimant or beneficiary,
(c)in the case of child benefit, any person in charge of a child in respect of whom the claim is made,
(d)a person liable to contribute under section 346 (1) or any employer of that person,
(e)the personal representative of a person who was at any time in receipt of any benefit, and
(f)a person who has sought the allocation of a personal public service number within the meaning of section 262 or a person to whom such a number has been allocated,
to give to the social welfare inspector the information and to produce to him or her the documents, within the period that may be prescribed, as he or she may reasonably require.
(2A)A social welfare inspector may, for the purposes of investigating and reporting to the Minister on any claim for, or in respect of, and any question arising on or in relation to, the payment of a supplement referred to in section 198(3) towards the amount of rent payable by a person in respect of his or her residence, request the landlord of such residence to provide, within the prescribed period, to the social welfare inspector –
(a)a statement in writing –
(i)confirming that the person in respect of whom that supplement has been, or is to be, paid is a person from whom the landlord is, under a tenancy, entitled to receive rent in respect of the residence of that person,
(ii)as to whether the landlord is receiving rent solely from the person referred to in subparagraph (i) or from any other person under that tenancy in respect of that residence,
(iii)specifying the period of the tenancy of the person referred to in subparagraph (i), and
(iv)confirming that the person referred to in subparagraph (i) has resided, and where appropriate, continues to reside, at that residence for the period for which that supplement has been, or is to be, paid,
and
(b)such other information, in writing, relating to the tenancy of the person referred to in paragraph (a) (i) as the social welfare inspector may reasonably require for the purposes of the investigation concerned.
(2B)Where a request is to be made to a landlord by a social welfare inspector under subsection (2A), it shall be sent to the landlord in writing and addressed to the person concerned by name and may be sent or given –
(a)by delivering it to the person,
(b)by leaving it at the address at which the person ordinarily resides or, in the case where an address for service has been furnished, at that address, or
(c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address.
(2C)In subsections (2A) and (2B) –
‘landlord’ has the meaning assigned to it by section 198C(3); and
‘tenancy’ has the meaning assigned to it by section 198(4D).
(3)A social welfare inspector shall, for the purposes of this Act or section 121 (1) (a) of the Pensions Act 1990, 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 that 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 that information in permanent legible form), found there, and
(iii)to remove and retain those records for such period as may be reasonable for further examination,
as may be necessary to ascertain whether this Act is being complied with and while making any examination or enquiry to ascertain whether Chapter 2 of Part 2 is being complied with shall also have power to examine or enquire as to whether section 121 (1) (a) of the Pensions Act 1990 is being complied with and to report, where necessary, to the Pensions Board;
(c)to secure for later inspection any such records;
(d)to examine, either alone or in the presence of any other person, as the social welfare inspector 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 that 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 the person 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 –
(i)the occupier of the premises or place,
(ii)any person who is or has been employing persons there,
(iii)such person as may be designated by the occupier or employer as competent to answer or clarify any such questions,
(iv)any employee of a person referred to in subparagraph (i) or (ii), or
(v)any person found in the premises or place who the social welfare inspector has reasonable cause to believe to be or to have been an insured person,
to attend at that premises or place or at an office of the Minister, at any reasonable time specified, by written notice, and sent or given to him or her by –
(I)delivering it to the person,
(II)leaving it at the said premises or place,
(III)leaving it at the address at which the person ordinarily resides,
(IV)sending it by post in a prepaid registered letter to the said premises or place, or
(V)sending it by post in a prepaid registered letter to the address at which the person ordinarily resides.
(4)The occupier of any premises or place liable to inspection under this section, and any other person who –
(a)is or has been employing –
(i)any person in insurable employment or insurable (occupational injuries) employment, or
(ii)any claimant or beneficiary,
or
(b)engages or has engaged a person under a contract for service to perform a service,
and the employees of, or any other person providing bookkeeping, clerical or other administrative services to, any such occupier or other person and any insured person, claimant or beneficiary, or any person in respect of whom such a benefit is claimed, shall give to a social welfare inspector all such information and produce for inspection all such registers, cards, wages sheets, records of wages and other documents as the social welfare inspector may reasonably require for the purposes of ascertaining whether contributions are or have been payable, or have been duly paid in respect of any person, or whether any benefit is or was payable to or in respect of any person or whether section 121 (1) (a) of the Pensions Act 1990 is being complied with.
(4A)A social welfare inspector shall –
(a)for the purposes of answering or clarifying any questions that the social welfare inspector may have in relation to the payment of employment contributions by employed contributors for the purposes of section 13(4B), and
(b)for the purposes of estimating the amount due in respect of employment contributions by employed contributors for the purposes of section 13(4B),
have the power to request that employed contributor to –
(i)produce for inspection all records of share-based remuneration realised, acquired or appropriated, as the case may be, by that employed contributor, and
(ii)provide details of the employer who granted the shares (including stock) which gave rise to that share-based remuneration,
at the address at which the person ordinarily resides or at an office of the Minister.
(5)Any person who holds a certificate of authorisation under Chapter 2 of Part 18 of the Act of 1997 shall, on the request of a social welfare inspector, furnish that certificate for inspection by him or her.
(6)A person who –
(a)wilfully delays or obstructs a social welfare inspector in the exercise of any duty or power under this section, or
(b)refuses or neglects to answer any question or to give any information or to produce any record 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 inspector or any other person appointed under this section,
is guilty of an offence.
(7)Every social welfare inspector shall be given a certificate of his or her appointment, and on entering any premises or place for the purposes of Parts 2, 3, 4, 5, 6, 7, 7A, 8 and 12 and this Part shall, if so requested, produce that certificate.
(7A)A member of the Garda SÃochána seconded to the Minister for a purpose referred to in subsection (1) shall be given a certificate of his or her secondment, and on entering any premises or place for the purposes of Parts 2, 3, 4, 5, 6, 7, 7A, 8 and 12 and this Part shall, if so requested, produce that certificate.
(8)The premises or places liable to inspection under this section are any premises or places where a social welfare inspector 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 inspector has reasonable grounds for believing that any documents relating to persons in employment or to self-employed persons are kept.
(9)Where any premises or place is liable to be inspected by an inspector or by an officer appointed, employed by, or under the control of, another Minister of the Government, the Minister may make arrangements with that other Minister for any of the powers or duties of a social welfare inspector appointed under this section to be vested in the inspector or officer employed by that other Minister and, where such an arrangement is made, that inspector or officer shall have all the powers of a social welfare inspector appointed under this section for the purposes of the inspection.
(10)A social welfare inspector may exercise any of the powers or duties conferred on him or her by this section to investigate, at the request of the competent authority of another Member State or any other country with which the Minister has made a reciprocal arrangement under the provisions of section 287, any claim, by a person resident in the State, for or in respect of any social security payment under the legislation of another Member State, or under the legislation of any other country with which the Minister has made a reciprocal arrangement under those provisions.
(11)Where a person is required by subsection (4) to produce records required under regulations made under section 17(5), he or she shall, on the request of a social welfare inspector, produce those records at –
(a)the person’s principal place of business,
(b)the address at which the person ordinarily resides, or
(c)an office of the Minister.
(12)If a person fails to comply with a request to produce records under subsection (11), a social welfare inspector may issue a written request for those records, addressed to the person concerned, by sending it by post in a prepaid registered letter to –
(a)the person’s principal place of business, or
(b)the address at which the person ordinarily resides.
(12A)A person who fails to comply with a written request to produce records under subsection (12) within 21 days following the date of issue of that request is guilty of an offence.
(12B)For the purposes of this section, a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.
(13)Records of persons employed which an employer is obliged to maintain under regulations made under section 17 (5) which are produced to a social welfare inspector shall be prima facie evidence that those persons were employed by that employer and of the earnings of those persons and of the periods during which those persons were employed by the employer.
(14)Where an employer issues to an employee a statement containing the particulars specified in section 3 of the Terms of Employment (Information) Act 1994, he or she shall retain a copy of the statement for 2 years from the date on which that statement was issued and shall give that copy on demand to a social welfare inspector for inspection under this section.
(15)A social welfare inspector may, where he or she considers it necessary, be accompanied by a member of the Garda SÃochána when performing any power conferred on a social welfare inspector under this section.
(16)For the purposes of ensuring compliance with this Act, a social welfare inspector may, if accompanied by a member of the Garda SÃochána, or an officer of the Customs and Excise in uniform –
(a)stop any vehicle, and
(b)on production of his or her certificate of appointment where so requested –
(i)question and make enquiries of any person in the vehicle or in the vicinity of the vehicle, and
(ii)require such person, where the social welfare inspector reasonably suspects that the vehicle is being used in the course of employment or self-employment, to give to the social welfare inspector any record relating to the employment or self-employment of such person which such person has possession of in the vehicle.
(16A)For the purposes of ensuring compliance with this Act, a social welfare inspector may attend at any port.
(16B)Where, while attending at any port for the purposes of ensuring compliance with this Act, a social welfare inspector –
(a)has reasonable grounds to believe that there has been a contravention of this Act, and
(b)is accompanied by –
(i)a member of the Garda SÃochána,
(ii)an officer of Customs and Excise, or
(iii)an immigration officer,
the social welfare inspector concerned may, on production of his or her certificate of appointment –
(i)question and make enquiries of a person who is a passenger at the port and is preparing to embark, or is embarking, from, or has landed in, the State in relation to any matter that concerns compliance with this Act, and
(ii)request such person to produce to that inspector any documents or other information as that inspector may reasonably require for the purposes of establishing the identity, and, where appropriate, the habitual residence, of that person.
(17)In this section –
‘immigration officer’ shall be construed in accordance with section 3 (1) of the Immigration Act 2004;
‘officer of Customs and Excise’ has the meaning assigned to it by the Customs Act 1956;
‘passenger’ means any person, other than a member of a crew, travelling or seeking to travel on board a ship or aircraft;
‘port’ has the meaning assigned to it by section 1 (1) of the Immigration Act 2004.
250A.
Information to be furnished by financial institutions.
(1)In this section –
‘authorised officer’ means an officer appointed by the Minister under section 250B to exercise the powers conferred on him or her by and under this section;
‘books, records or other documents’ includes –
(a)any records used in the business of a financial institution, or used in the transfer department of a financial institution acting as registrar of securities, whether –
(i)comprised in bound volume, looseleaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or
(ii)kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form,
(b)every electronic or other automatic means, if any, by which any such thing in non-legible form is capable of being reproduced,
(c)documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process, and
(d)correspondence and records of other communications between a financial institution and its customers;
‘financial institution’ means –
(a)a person who holds or has held a licence under section 9 of the Central Bank Act 1971, or a person who holds or has held a licence or other similar authorization under the law of any other Member State which corresponds to a licence granted under that section,
(b)a person referred to in section 7(4) of the Central Bank Act 1971, or
(c)a credit institution (within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992)) which has been authorised by the Central Bank and Financial Services Authority of Ireland to carry on business of a credit institution in accordance with the provisions of the supervisory enactments (within the meaning of those Regulations).
(2)Notwithstanding any obligation as to secrecy or other restriction upon disclosure of information imposed by or under statute or otherwise, and subject to this section, an authorised officer, for the purpose of ensuring compliance with this Act, who has reasonable grounds to believe that there has been a contravention of this Act by a claimant or beneficiary may serve on a financial institution a notice in writing requiring the financial institution, within such period as may be specified in the notice, not being less than 30 days from the date of the service of the notice to do either or both of the following:
(a)to make available for inspection by the authorised officer such books, records, or other documents specified in the notice as are in the power, possession or procurement of the financial institution and as contain, or may, in the opinion of the authorised officer formed on reasonable grounds, contain information relevant to such contravention;
(b)to furnish to the authorised officer, in writing or otherwise, such information, explanations and particulars specified in the notice as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to such contravention.
(3)Where, in compliance with the requirements of a notice under subsection (2), a financial institution makes available for inspection by an authorised officer, books, records or other documents, it shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form and any data equipment or any associated apparatus or material.
(4)An authorised officer shall not serve a notice on a financial institution under subsection (2) –
(a)without the consent in writing of a person designated by the Minister under this section, and
(b)without having reasonable grounds to believe that the financial institution is likely to have information relevant to the claimant or beneficiary concerned and the contravention referred to in subsection (2).
(5)A notice served under subsection (2) shall name the claimant or beneficiary in respect of whom the authorised officer is enquiring.
(6)Where an authorised officer serves a notice under subsection (2), the authorised officer shall give the claimant or beneficiary concerned a copy of the notice.
(7)Where, in compliance with a notice served under subsection (2), a financial institution makes books, records or other documents available for inspection by an authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.
(8)The Minister may designate in writing such and so many officers of the Minister as the Minister considers appropriate to consent to the service of a notice under this section.
(9)Where a notice –
(a)is to be served on a financial institution under this section it may be served –
(i)by leaving it at or sending it by post to the registered office of the body corporate,
(ii)by leaving it at or sending it by post to any place in the State at which the body corporate conducts its business, or
(iii)by sending it by post to any person who is a director, manager, secretary or other officer of the financial institution or is purporting to act in any such capacity, at the place where that person resides,
and
(b)is to be given to a claimant or beneficiary it shall be addressed to the person concerned by name and may be sent or given –
(i)by delivering it to the person,
(ii)by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address, or
(iii)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, to that address.
(10)A person who fails or refuses to comply with a notice under subsection (2) shall be guilty of an offence and shall be liable –
(a)on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or
(b)on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 2 years or both.
250B.
Authorised officers.
(1)The Minister may appoint such and so many officers of the Minister as the Minister considers appropriate to be authorised officers for the purposes of section 250A.
(2)An authorised officer appointed under this section shall be furnished with a certificate of his or her appointment by the Minister.
(3)When exercising a power conferred on him or her by this section, an authorised officer shall, if requested by a person thereby affected, produce the certificate of his or her appointment to that person.
(4)An appointment under this section shall cease when –
(a)the Minister revokes the appointment,
(b)the person ceases to be an officer of the Minister, or
(c)if it is made for a fixed period, on the expiry of that period.
Part 10
Decisions, Appeals and Social Welfare Tribunal (ss. 299-333)
Chapter 1
Deciding Officers and Decisions by Deciding Officers (ss. 299-303)
299.
Appointment of deciding officers and designated persons.
(1)The Minister may appoint such and so many persons as he or she thinks proper to be deciding officers for the purposes of any provision or provisions of this Act, and every person so appointed shall be a deciding officer during the pleasure of the Minister.
(2)The Minister may appoint such and so many persons as he or she thinks proper to be designated persons for the purposes of the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance and the Minister may at any time terminate an appointment under this subsection whether or not the appointment was for a fixed period.
(3)An appointment as a designated person under subsection (2) shall cease –
(a)if the Minister terminates the appointment,
(b)if it is made for a fixed period, on the expiry of that period, or
(c)where the person is an officer of the Minister, if that person ceases to be an officer of the Minister.
300. Decisions by deciding officers.
(1)Subject to this Act, every question to which this section applies shall, save where the context otherwise requires, be decided by a deciding officer.
(2)Subject to subsections (3) and (3A), this section applies to every question arising under –
(a)Part 2 (social insurance) being a question –
(i)in relation to a claim for benefit,
(ii)as to whether a person is or was disqualified for benefit,
(iii)as to the period of any disqualification for benefit,
(iv)as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,
(v)as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,
(vi)as to the rate of employment contribution which is or was payable by an employer in respect of an employed contributor,
(vii)as to who is or was the employer of an employed contributor,
(viii)as to whether a person is or was entitled to become a voluntary contributor,
(ix)on any other matter relating to Part 2 that may be prescribed,
(x)as to whether an employment is or was an insurable self-employment,
(xi)as to whether a person is or was in insurable self-employment,
(xii)as to the rate of self-employment contribution which is or was payable by a self-employed contributor,
(xiii)as to whether a contribution is or was payable in accordance with Chapter 5A or 5B of Part 2, or
(xiv)as to the rate of contribution which is or was payable in accordance with Chapter 5A or 5B of Part 2,
(b)Part 3 (social assistance), being a question other than one relating to supplementary welfare allowance (unless it relates to a category of claim specified in subsection (3A))
(c)Part 4 (child benefit),
(d)Part 5 (carer’s support grant),
(e)Part 6 (working family payment),
(f)Part 7 (continued payment for qualified children),
(fa)Part 7A (back to work family dividend),
(g)Part 8 (EU payments),
(h)Part 9 (general provisions relating to social insurance, social assistance and insurability),
(hh)Part 11B (recovery of certain benefits and assistance), being a question as to whether –
(i)a benefit, or any part of a benefit, under Part 2, or
(ii)any assistance, or any part of any assistance, under Part 3,
specified in a statement of recoverable benefits or a revised statement of recoverable benefits is a recoverable benefit within the meaning of Part 11B, and
(i)Part 12 (liability to maintain family).
(2A)Nothing in this Act shall prevent the Minister from providing for an application to be made by electronic means in respect of a matter specified in subsection (2) and the entitlement or otherwise to any such matter and any such electronic application is without prejudice to subsection (1).
(2B)Without prejudice to the generality of subsection (2A), nothing in this Act shall prevent the Minister from providing for the award of a payment in relation to any matter referred to in subsection (2) pursuant to an electronic application.
(2C)Where, pursuant to the making of an electronic application referred to in subsection (2A) or the award of a payment referred to in subsection (2B), any question arises in respect of –
(a)that electronic application, including any question as to whether the person who made the application is or was entitled to an award in respect of a matter specified in subsection (2), or
(b)that payment, including any question in respect of the amount of the payment, or the rate at which the payment is made or the person to whom it is paid,
shall be decided in accordance with subsection (1).
(3)In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 9 of Part 3.
(3A)The following categories of claims for supplementary welfare allowance shall be decided by a deciding officer:
(a)a claim made under section 197 in any case where-
(i)a person has made an application for such benefit under Part 2 or such assistance under Part 3, as is prescribed, and
(ii)entitlement to that benefit or assistance has not yet been decided or has been decided and that decision is the subject of an appeal under section 311;
(b)a claim under section 198 for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in a case included in such categories of cases as are prescribed
(4)A reference in subsection (2) (a) to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.
(5)Notwithstanding subsections (1) to (4) and subject to subsection (7), where a person is in receipt of child benefit, the Minister may provide for the award of child benefit to that person in respect of a second or subsequent child on receipt of the information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.
(6)Notwithstanding subsections (1) to (4) and subject to subsection (8), the Minister may provide for the award of a bereavement grant or a payment under section 248, in the circumstances and subject to the conditions that may be prescribed, on receipt of information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.
(7)In the case of an award made under subsection (5), any question which arises subsequently in relation to whether child benefit is or is not payable, or in relation to who is entitled to receive child benefit, shall be referred to a deciding officer for decision.
(8)In the case of an award made under subsection (6), any question which arises subsequently in relation to whether a bereavement grant or a payment under section 248 is or is not payable, or in relation to who is entitled to receive a bereavement grant or a payment under section 248, shall be referred to a deciding officer for decision.
(9)In the case of an award made under section 113A, any question which arises in relation to whether State pension (contributory) is or is not payable, or in relation to who is entitled to receive an State pension (contributory), shall be referred to a deciding officer for decision.
(10)In the case of an award made under subsection 113B, any question which arises in relation to whether State pension (contributory) is or is not payable, or in relation to who is entitled to receive a State pension (contributory), shall be referred to a deciding officer for decision.
300A.
Opinion of medical assessor
(1)In determining a person’s entitlement (whether in respect of a decision under section 300 or a revised decision under section 301) to a benefit, assistance or a carer’s support grant, as the case may be, the opinion of a medical assessor may be sought in respect of, but not limited to, any of the following questions:
(a)whether the person is –
(i)for the purposes of section 40 or section 74, as the case may be, incapable of work, or
(ii)for the purposes of section 118, permanently incapable of work;
(b)the level of restriction, for the purposes of section 46A, on the person’s capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work;
(c)whether, for the purposes of Chapter 9 or Chapter 10 of Part 2, the woman concerned is expected to be or has been confined within the meaning of section 51;
(d)whether, for the purposes of section 72 –
(i)the accident, in respect of which the opinion is sought, could have arisen out of and in the course of the insured person’s employment, and
(ii)the insured person’s injury is consistent with that accident;
(e)the extent, for the purposes of section 75, of the disablement resulting from the loss of physical or mental faculty suffered by an insured person as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment;
(f)whether, for the purposes of section 77, a person entitled to disablement pension is, as a result of the relevant loss of faculty, incapable of work and likely to remain permanently so incapable;
(g)whether, for the purposes of section 78, a person entitled to disablement pension in respect of an assessment of 50 per cent or more requires constant attendance as a result of the relevant loss of faculty;
(h)whether, for the purposes of section 80, the death of an insured person is as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment;
(i)whether, for the purposes of section 85, the person, as a result of the injury or disease arising out of and in the course of his or her employment –
(i)is or could be treated as being incapable of work and likely to remain permanently so incapable, or
(ii)requires constant attendance;
(j)whether, for the purposes of section 87, an insured person has a disease or injury prescribed under that section which –
(i)could have arisen out of and in the course of the insured person’s employment, and
(ii)developed on or after 1 May 1967;
(k)whether the relevant accident, within the meaning of section 69, was an occupational accident for the purposes of section 90;
(l)whether the person, in respect of whose care a claim has been made or is in payment, is a relevant person for the purposes of Chapter 14 of Part 2, Chapter 8 of Part 3 or Part 5, as the case may be;
(m)whether, for the purposes of section 161A, the person is so blind that he or she –
(i)cannot perform any work for which eyesight is essential, or
(ii)cannot continue his or her ordinary occupation;
(n)whether a child is a qualified child for the purposes of Chapter 8A of Part 3;
(o)whether, for the purposes of section 210, the person, by reason of a specified disability, is substantially restricted in undertaking employment of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications.
(2)Where the opinion of a medical assessor is sought in accordance with subsection (1), the medical assessor shall assess all of the relevant information available to him or her and shall provide an opinion on the question put to him or her.
(3)Where a medical assessor provides an opinion in accordance with subsection (2), a deciding officer shall have regard to that opinion in deciding the question in respect of which the opinion was sought.
(4)In this section ‘relevant loss of faculty’ has the meaning assigned to it by section 69.
301.
Revision of decisions by deciding officers.
(1)A deciding officer may at any time –
(a)revise any decision of a deciding officer –
(i)where it appears to him or her that the decision was erroneous –
(I)in the light of new evidence or new facts which have been brought to his or her notice since the date on which the decision was given, or
(II)by reason of some mistake having been made in relation to the law or the facts,
or
(ii)where –
(I)the effect of the decision was to entitle a person to any benefit within the meaning of section 240, and
(II)it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that decision was given,
or
(b)revise any decision of an appeals officer where –
(i)the effect of the decision of the appeals officer was to entitle a person to any benefit within the meaning of section 240, and
(ii)it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since the decision of the appeals officer was given,
and the provisions of this Part as to appeals apply to a revised decision under this subsection in the same manner as they apply to an original decision of a deciding officer.
(2)A deciding officer who is a bureau officer may at any time make a decision revising a determination of a designated person in relation to entitlement to supplementary welfare allowance where 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.
(2A)A deciding officer may at any time revise any determination of a designated person –
(a)where it appears to him or her that the determination was erroneous –
(i)in the light of new evidence or new facts which have been brought to his or her notice since the date on which the determination was made, or
(ii)by reason of some mistake having been made in relation to the law or the facts,
or
(b)where –
(i)the effect of the determination was to entitle a person to supplementary welfare allowance, and
(ii)it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that determination was made,
and the provisions of this Part as to appeals shall apply to a decision of a deciding officer under this subsection in the same manner as they apply to an original decision of a deciding officer.
(3)Subsection (1) (a) shall not apply to a decision relating to a matter which is on appeal or reference under section 303 or 311 unless the revised decision would be in favour of a claimant.
(4)Subsection (2) or (2A) does not apply to a determination relating to a matter which is on appeal under section 311 unless the decision of a deciding officer under subsection (2A) or the revised decision under subsection (1), as the case may be, would be in favour of the claimant.
(5)In subsections (1)(a)(ii)(II), (1)(b)(ii) and (2A)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.
302.
Effect of revised decisions by deciding officers.
A revised decision given by a deciding officer shall take effect as follows:
(a)where any benefit, assistance, child benefit, working family payment, continued payment for qualified children or back to work family dividend will, by virtue of the revised decision be disallowed or reduced and the revised decision is given owing to the original decision or determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original decision or determination took effect, but the original decision or determination may, in the discretion of the deciding officer, continue to apply to any period covered by the original decision or determination to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;
(b)where any benefit, assistance, child benefit, working family payment, continued payment for qualified children or back to work family dividend will, by virtue of the revised decision be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the deciding officer since the original decision or determination was given, it shall take effect from the date that the deciding officer shall determine having regard to the new facts or new evidence and the circumstances of the case;
(c)in any other case, it shall take effect as from the date considered appropriate by the deciding officer having regard to the circumstances of the case.
303.
Reference by deciding officer to appeals officer.
A deciding officer may, where he or she thinks proper, instead of deciding it himself or herself, refer in the prescribed manner any question to be decided by the deciding officer to an appeals officer.
Chapter 2
Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers (ss. 304-321)
304.
Appointment of appeals officers.
The Minister may appoint such and so many persons as he or she thinks proper to be appeals officers for the purposes of any provision or provisions of this Act, and every person so appointed shall be an appeals officer during the pleasure of the Minister.
305.
Chief Appeals Officer.
(1)The Minister shall designate-
(a)one of the appeals officers who is an officer of the Minister to be the Chief Appeals Officer, and
(b)one or more of the other appeals officers (not being an officer designated under paragraph (a)) who are officers of the Minister to act as the deputies for the Chief Appeals Officer when the Chief Appeals Officer is not available.
(2)An appeals officer who is designated by the Minister under subsection (1) to act as deputy for the Chief Appeals Officer shall, when so acting be referred to as the Deputy Chief Appeals Officer.
306.
Reference to High Court.
The Chief Appeals Officer may, where he or she considers it appropriate, refer any question which has been referred to an appeals officer, other than a question to which section 320 applies, for the decision of the High Court.
307.
Appeals to Circuit Court.
(1)Whenever a person has appealed a decision of a deciding officer (other than a decision of a deciding officer who is a bureau officer) then, where the Chief Appeals Officer certifies that the ordinary appeals procedures set out in this Chapter are inadequate to secure the effective processing of that appeal, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.
(1A)Whenever a person has, on or after the coming into operation of section 7 of the Social Welfare Act 2019, appealed a decision of a deciding officer who is a bureau officer, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.
(1B)The jurisdiction conferred on the Circuit Court by subsection (1A) shall be exercised –
(a)where a person who appealed the decision concerned is not resident in the State, by the judge of the circuit where the decision was made, and
(b)in any other case, by the judge of the circuit in which the person who appealed the decision concerned resides or carries on any profession, business or occupation.
(2)The appellant shall give notice of the appeal as submitted to the Circuit Court to the deciding officer.
(3)No appeal shall lie from a decision of the Circuit Court on an appeal under this section.
308.
Annual report.
(1)As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his or her activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
(2)A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.
(3)The Chief Appeals Officer shall, whenever so requested by the Minister, give to the Minister information in relation to the matters that the Minister may specify concerning his or her activities or the activities of appeals officers under this Part.
309.
Appointment of assessors.
(1)The Chief Appeals Officer may appoint any person whom he or she considers suitable to sit as an assessor with an appeals officer when any question, which appears to the Chief Appeals Officer to require the assistance of assessors, is heard.
(2)The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he or she considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the manner that he or she may determine from those panels to so sit when any question, which in the opinion of the Chief Appeals Officer is appropriate for the assistance of assessors, is heard.
310.
Other functions of Chief Appeals Officer.
(1)The Chief Appeals Officer shall have any other functions in relation to appeals under this Part that may be prescribed.
(2)In this section “functions” includes powers, duties and obligations.
311.
Appeals and references to appeals officers.
(1)Subject to subsection (4), where any person is dissatisfied with the decision given by a deciding officer or the determination of a designated person in relation to a claim under section 196, 197 or 198, the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.
(2)Regulations may provide for the procedure to be followed on appeals and references under this Part.
(3)An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer or the determination of the designated person, as the case requires, was based, but may decide the question as if it were being decided for the first time.
(4)No appeal may be made under subsection (1) by any person against the decision given by a deciding officer on a question under paragraph (hh) of section 300(2) until the recoverable benefits specified in the relevant statement of recoverable benefits, within the meaning of Part 11B, have been paid to the Minister in accordance with section 343R.
312. Supplementary welfare allowance – appeals.
Repealed from 1 October 2011
Where a person is dissatisfied with the determination of an appeal by the person under section 323 in relation to a claim under section 196, 197 or 198, the question shall, on notice of appeal being given to the Executive within the prescribed time, be forwarded by it to the Chief Appeals Officer for referral to an appeals officer.
313.
Power to take evidence on oath.
An appeals officer shall, on the hearing of any matter referred to him or her under this Part have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at that hearing.
314.
Notification to persons to attend and give evidence or produce documents at appeal hearing.
(1)An appeals officer may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the appeals officer under this Part or to produce any documents in the person’s possession, custody or control which relate to any such matter.
(2)A notice under subsection (1) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he or she ordinarily resides or at his or her place of business.
(3)A person to whom a notice under subsection (1) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.
(4)Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce those documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce those documents as required.
315.
Procedure where assessor appointed.
Any matter referred to an appeals officer under this Part and to be heard by the appeals officer sitting with an assessor appointed under section 309 may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.
316.
Award of expenses.
(1)In relation to any matter referred to an appeals officer under this Part the following apply:
(a)subject to paragraph (b), an award shall not be made in respect of any costs (whether in respect of the representation of the appellant or otherwise in relation to the matter) incurred by a person;
(b)an appeals officer may make an award to a person appearing before the officer towards the person’s expenses, which shall be payable by the Minister.
(2)In subsection (1) (b), “expenses” means –
(a)expenses necessarily incurred by the appellant or a witness in respect of his or her travel and subsistence or loss of remuneration, and
(b)in the case of a person appearing before an appeals officer in a representative capacity, an amount only in respect of that person’s actual attendance.
(3)The Minister may pay to assessors referred to in section 309 the amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Public Expenditure and Reform, determines.
317.
Revision by appeals officer of decision of appeals officer.
(1)An appeals officer may at any time revise any decision of an appeals officer –
(a)where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice since the date on which it was given, or
(b)where –
(i)the effect of the decision was to entitle a person to any benefit within the meaning of section 240, and
(ii)it appears to the appeals officer that there has been any relevant change of circumstances which has come to notice since that decision was given.
(2)In subsection (1)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.
318.
Revision by Chief Appeals Officer of decision of appeals officer.
The Chief Appeals Officer may, at any time, revise any decision of an appeals officer, where it appears to the Chief Appeals Officer that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.
319.
Effect of revised decision by appeals officer.
A revised decision given by an appeals officer shall take effect as follows:
(a)where any benefit, assistance, child benefit, working family payment, continued payment for qualified children or back to work family dividend will, by virtue of the revised decision be disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original decision took effect, but the original decision may, in the discretion of the appeals officer, continue to apply to any period covered by the original decision to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;
(b)where any benefit, assistance, child benefit, working family payment, continued payment for qualified children or back to work family dividend will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the appeals officer since the original decision was given, it shall take effect from the date the appeals officer shall determine having regard to the new facts or new evidence and the circumstances of the case;
(c)in any other case, it shall take effect from the date considered appropriate by the appeals officer having regard to the circumstances of the case.
320.
Decision of appeals officer to be final and conclusive.
The decision of an appeals officer on any question shall, subject to sections 301(1)(b), 317, 318, 324(1)(b), and 327, be final and conclusive.
321.
Supplementary welfare allowance.
For the purposes of supplementary welfare allowance, every reference in this Part to a decision shall be read as a reference to a determination of a designated person.
Chapter 3
Supplementary Welfare Allowance – Determinations and Appeals (ss. 322-325)
322.
Determination of entitlement to supplementary welfare allowance.
Repealed from 1 October 2011
Any function in relation to the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowance shall, subject to section 300, 312 or 323, be a function of the chief executive officer of the Executive.
323.
Appeals from certain determinations.
Where a person is dissatisfied with the determination of a designated person of a claim by him or her under section 200, 201 or 202, an appeal lies against the determination to another person appointed or designated by the Minister.
324.
Revision of determination of entitlement to supplementary welfare allowance.
(1)A designated person may at any time –
(a)revise a determination of a designated person in relation to entitlement to supplementary welfare allowance –
(i)where it appears to him or her that the determination was erroneous –
(I)in the light of new evidence or new facts which have been brought to his or her notice since the date on which the determination was made, or
(II)by reason of some mistake having been made in relation to the law or the facts,
or
(ii)where –
(I)the effect of the determination was to entitle a person to supplementary welfare allowance, and
(II)it appears to the designated person that there has been any relevant change of circumstances since that determination was made,
or
(b)revise the decision of an appeals officer where –
(i)the effect of the decision of the appeals officer was to entitle a person to supplementary welfare allowance, and
(ii)it appears to the designated person that there has been any relevant change of circumstances which has come to notice since that decision was given,
and the provisions of this Part as to appeals apply to a revised determination or a revised decision under this subsection, as the case may be, in the same manner as they apply to an original determination of a designated person.
(2)Subsection (1) shall not apply to a determination relating to a matter which is on appeal under section 311 or 323 unless the revised determination would be in favour of the claimant.
(3)In subsections (1)(a)(ii)(II) and (1)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.
325.
Effect of revised determination by employee of Health Service Executive.
A revised determination of entitlement to a supplementary welfare allowance made by a designated person shall take effect as follows:
(a)where any supplementary welfare allowance will, by virtue of the revised determination be disallowed or reduced and the revised determination is given owing to the original determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original determination took effect, but the original determination may, in the discretion of the designated person, continue to apply to any period covered by the original determination to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;
(b)where any supplementary welfare allowance will, by virtue of the revised determination, be disallowed or reduced and the revised determination is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the designated person since the original determination was given, it shall take effect from the date that the designated person shall determine having regard to the new facts or new evidence and the circumstances of the case;
(c)in any other case, it shall take effect from the date considered appropriate by the designated person having regard to the circumstances of the case.
Chapter 4
General Provisions Relating to Decisions and Appeals (ss. 326-330)
326.
Appeals – oral hearings.
Notwithstanding section 311 (2), where the Minister or a person designated by the Minister considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him or her may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.
327.
Appeals to High Court.
Any person who is dissatisfied with –
(a)the decision of an appeals officer, or
(b)the revised decision of the Chief Appeals Officer, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.
327A.
Appeal to High Court by Minister.
(1)Where pursuant to section 318 the Chief Appeals Officer –
(a)revises a decision of an appeals officer, the Minister may appeal that revised decision to the High Court on any question of law, or
(b)does not revise a decision of an appeals officer, the Minister may appeal the decision of the Chief Appeals Officer not to revise the first-mentioned decision to the High Court on any question of law.
(2)An appeal by the Minister under subsection (1) shall not operate as a stay on the payment of benefit or assistance to a person pursuant to adecision of an appeals officer or, as the case may be, the Chief Appeals Officer, until that appeal is determined.
328.
Certificate by deciding officer, appeals officer or designated person.
A document purporting to be –
(a)a certificate of a decision made under this Act by a deciding officer or an appeals officer, or
(a)a certificate of a determination made under this Act by a designated person,
and to be signed by him or her, is prima facie evidence of the making of the decision or determination, as the case may be, and of the terms of that decision or determination, without proof of the signature of the officer or person concerned or of his or her official capacity.
329.
Revision to include revision consisting of reversal.
A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by a designated person includes a reference to a revised decision or determination which reverses the original decision or determination.
330.
Regulations.
The Minister may make regulations specifying the procedures to be followed by –
(a)a deciding officer, when deciding questions under sections 300 and 301,
(b)an appeals officer, when deciding questions under sections 303 and 311, and
(c)a designated person, when making determinations in relation to supplementary welfare allowance.
Chapter 5
Social Welfare Tribunal (ss. 331-333)
331.
Application for adjudication by Social Welfare Tribunal.
Where, in relation to a stoppage of work or a trade dispute, a deciding officer or an appeals officer has decided that a person is disqualified under section 68 (1) for receipt of jobseeker’s benefit or under section 147 (2) for receipt of jobseeker’s allowance, that person may, notwithstanding any other provision of this Act, apply to the Social Welfare Tribunal (in this Chapter referred to as “the Tribunal”) for an adjudication under this Chapter.
332.
Adjudications by Social Welfare Tribunal.
(1)The following provisions apply in relation to an adjudication under this Chapter:
(a)the Tribunal shall, before making the adjudication, take into account all the circumstances of the stoppage of work concerned and of the trade dispute which caused the stoppage of work, including (without prejudice to the generality of the foregoing) –
(i)the question whether the applicant is or was available for work and willing to work, but is or was deprived of his or her employment through some act or omission on the part of the employer concerned which amounted to unfair or unjust treatment of the applicant,
(ii)the question whether the applicant is or was prevented by the employer from attending for work at his or her place of employment or was temporarily laid off by the employer, without (in either such case) any reasonable or adequate consultation by the employer with the applicant or with a trade union acting on his or her behalf, or without (in either case) the use by the employer or by any body acting on his or her behalf of the services normally availed of by employers in the interests of good industrial relations,
(iii)the question whether any action or decision by the employer, amounting to a worsening of the terms or conditions of employment of the applicant and taken without any or any adequate consultation with, or any or any adequate notice to, the applicant, was a cause of the stoppage of work or of the trade dispute which caused the stoppage of work and was material grounds for the stoppage or the trade dispute,
(iv)the question whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable;
(b)the Tribunal shall, having heard the evidence adduced before it, and the representations made to it, by the applicant and the employer and having considered whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable and whether the employer or a body acting on his or her behalf was willing to avail of the services normally availed of in the interests of good industrial relations, decide whether the applicant is or was unreasonably deprived of his or her employment and whether (if it decides that he or she is or was so deprived) the applicant shall, notwithstanding the decision under section 68 (1) or under section 147 (2) of the deciding officer or appeals officer, subject to the other conditions for the receipt of such benefit or allowance being satisfied, be qualified to receive jobseeker’s benefit or jobseeker’s allowance and (where appropriate) the period during which he or she shall be so qualified;
(c)subject to subsection (2), a decision of the Tribunal on an application for an adjudication shall be final and conclusive, but an appeal shall lie to the High Court on a question of law.
(2)A person interested (including the Minister) may apply to the Tribunal for a review of its decision and, where the Tribunal is satisfied that a material change has occurred in the circumstances of the stoppage of work or of the trade dispute which caused the stoppage of work, or that there is new evidence or new facts which in the opinion of the Tribunal could have affected its decision, it may review its decision and such a review shall be treated as an adjudication under this section.
333.
Social Welfare Tribunal.
(1)There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under this Chapter.
(2)The Tribunal shall consist of a chairman and 4 ordinary members.
(3)The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.
(4)
(a)2 ordinary members of the Tribunal shall be persons representative of workers and nominated for appointment as such members by the body known as the Irish Congress of Trade Unions.
(b)The 2 other ordinary members of the Tribunal shall be persons representative of employers and nominated for appointment as such members by an organisation representative of employers.
(5)The term of office of a member of the Tribunal shall be the period specified by the Minister when appointing the member.
(6)
(a)A member of the Tribunal may, by letter addressed to the Minister, resign his or her membership.
(b)A member of the Tribunal may be removed from office by the Minister.
(7)
(a)Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.
(b)Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.
(8)In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who resigned, died or was removed from office.
(9)A member of the Tribunal shall be paid the remuneration (if any) and allowances that may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.
(10)The Minister may, with the consent of the Minister for Public Expenditure and Reform, appoint such employees of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions, and those employees shall hold office on such terms and receive such remuneration as the Minister for Public Expenditure and Reform determines.
(11)
(a)The Tribunal, on the hearing of an application under this Chapter, shall have power to take evidence on oath and for that purpose may cause oaths to be administered to persons attending as witnesses at the hearing.
(b)Where a person gives false evidence before the Tribunal in such circumstances that, if the person had given the evidence before a court, he or she would be guilty of perjury, he or she is guilty of that offence.
(c)The Tribunal may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the Tribunal under this Chapter or to produce any documents in his or her possession, custody or control which relate to any such matter.
(d)A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides.
(e)A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €150.
(12)The Minister may make regulations giving effect to this section and those regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters:
(a)the procedure to be followed regarding the making of applications to the Tribunal;
(b)the times and places of hearings by the Tribunal;
(c)the representation of parties attending hearings by the Tribunal;
(d)the procedure regarding the hearing of applications by the Tribunal;
(e)the publication and notification of decisions of the Tribunal;
(f)notices relating to applications or hearings by the Tribunal;
(g)the award by the Tribunal of costs and expenses and the payment of those awards;
(h)an official seal of the Tribunal.