PART VI

Miscellaneous Provisions

28. —(1) Chapter 10 of Part III of the Principal Act is amended by—

(a) the substitution in section 163(1) in the definition of “relevant person” (inserted by section 10(a) of the Act of 1999) for “who is so incapacitated as to require” of “who has such a disability that he or she requires”,

(b) the substitution for section 163(3) (as amended by section 13 of the Act of 1999) of the following subsection:

“(3) For the purposes of subsection (1), a relevant person shall be regarded as requiring full-time care and attention where—

(a) he or she has such a disability that he or she requires from another person—

(i) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or

(ii) continual supervision in order to avoid danger to himself or herself,

(b) he or she has such a disability that he or she is likely to require full-time care and attention for a period of at least 12 consecutive months, and

(c) the nature and extent of his or her disability has been certified in the prescribed manner by a medical practitioner.”,

and

(c) the substitution for section 166 (as amended by section 13 of the Act of 1999) of the following section:

“166.—Notwithstanding this Chapter—

(a) only one carer's allowance shall be payable to a carer, and only one carer's allowance shall be payable in respect of the full-time care and attention being provided to a relevant person, and

(b) carer's allowance shall not be payable in respect of the full-time care and attention being provided to a relevant person in any case where a carer's benefit under Part II is being paid to any person in respect of the full-time care and attention being provided to the same relevant person.”.

(2) This section comes into operation on such day as the Minister may appoint by order.

29. —The Principal Act is amended by—

(a) the insertion after section 6 of the following section:

“6A.—(1) Benefit shall be paid or provided for out of the Social Insurance Fund.

(2) A reference to benefit in section 6 and this section includes:

(a) the benefits described in section 30,

(b) a relevant payment within the meaning of section 18(1)(a) of the Social Welfare Act, 1996 ,

(c) schemes administered by the Minister and known as—

(i) Free Fuel Allowance,

(ii) Free Electricity Allowance,

(iii) Free Television Licence,

(iv) Free Telephone Rental Allowance,

(v) Free Natural Gas Allowance, and

(vi) Free Bottled Gas Allowance,

where such allowances are payable in respect of a person in receipt of a benefit under section 30(1) or a relevant payment within the meaning of section 18(1)(a) of the Social Welfare Act, 1996 ,

(d) a payment under regulations made under section 117 in respect of dental treatment which would have been payable in respect of a person but for the fact that the person availed of a service in respect of dental treatment under sections 45 and 67 of the Health Act, 1970 ,

(e) any benefit to which section 30(1) refers which would have been payable in respect of a person but for the receipt by that person of old age (non-contributory) pension,

(f) any increase in any benefit to which section 30(1) refers which would have been payable in respect of a person, but for the receipt by that person of an old age (non-contributory) pension in his or her own right, and

(g) unemployment benefit which would have been payable in respect of a person but for the receipt by that person of unemployment assistance.

(3) Benefit to be paid or provided for out of the Social Insurance Fund shall include such sums as the Minister may estimate on such basis as may be agreed upon between the Minister and the Minister for Finance in respect of the benefits set out in subsection (2)(c), (d), (e), (f) and (g).

(4) There shall be paid out of the Social Insurance Fund—

(a) to the Minister for Health and Children the sum agreed between the Minister and the Minister for Finance in respect of the benefit set out in subsection (2)(d), and

(b) to the Exchequer in respect of the sums agreed between the Minister and the Minister for Finance in respect of the benefits set out in subsection (2)(c), (e), (f) and (g),

in such manner and at such times as the Minister may determine.”,

(b) the deletion in section 30 of subsection (3), and

(c) the substitution in section 135 for paragraph (b) of the following paragraph:

“(b) in any case where the old age (non-contributory) pension is so paid, entitlement to widow's (contributory) pension, widower's (contributory) pension, old age (contributory) pension or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.”.

30. —(1) The Principal Act is amended by the substitution in section 141(1)(a) (inserted by section 19 of the Act of 1998) for subparagraph (ii) of the following subparagraph:

“(ii) the increase payable by virtue of section 137(a), shall be as set out—

(I) where the beneficiary and his or her spouse have attained pensionable age, in Part II of the Fourth Schedule,

(II) where the beneficiary and his or her spouse have not attained pensionable age, in Part IIA of the Fourth Schedule,

(III) where the beneficiary has not attained pensionable age and his or her spouse has attained that age, in Part IIB of the Fourth Schedule, and

(IV) where the beneficiary has attained pensionable age and his or her spouse has not attained that age, in Part IIC of the Fourth Schedule,”.

(2) This section comes into operation on 5 May 2000.

31. —(1) The Principal Act is amended by—

(a) the substitution for subsection (1) (inserted by section 30 of the Act of 1999) of section 175 of the following subsection:

“(1) Subject to the general direction and control of the Minister, each health board shall, in respect of its functional area, be responsible for the administration of functions under this Chapter and the functions relating to supplementary welfare allowance other than—

(a) functions relating to claims for supplementary welfare allowance which may be decided by a deciding officer under section 247(2)(b),

(b) functions relating to claims for supplementary welfare allowance decided by a deciding officer under section 247(2A), and

(c) making such categories of payment as may be prescribed in such circumstances and conditions as may be prescribed.”,

(b) the insertion in section 175 after subsection (3) of the following subsection:

“(4) Where any doubt or dispute arises as to whether an entitlement to supplementary welfare allowance is to be determined by an officer of the health board or decided by a deciding officer, it shall be resolved by the Minister.”,

(c) the substitution in section 247(2) (as amended by section 30 of the Act of 1999) for paragraph (b) of the following paragraph:

“(b) Part III (social assistance) excluding supplementary welfare allowance other than such categories of claims as may be prescribed under subsection (2B),”,

(d) the substitution in section 247(2) (as amended by section 30(1)(a) of the Act of 1999) for “(2A)” of “(2A) and subsection (2B)”,

(e) the insertion in section 247 after subsection (2A) (inserted by section 30(1)(b) of the Act of 1999) of the following subsection:

“(2B) Regulations may provide that the categories of claims for supplementary welfare allowance to be decided by a deciding officer shall be—

(a) claims made under section 178 in any case where a person has made an application for such benefit under Part II or such assistance under Part III as may be prescribed, and entitlement to that benefit or that assistance has not yet been decided or has been decided and that decision is the subject of an appeal under section 257, and

(b) claims under section 179 for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in such categories of cases as may be prescribed.”,

(f) the insertion in section 248 after subsection (1A) (inserted by section 30(1)(c) of the Act of 1999) of the following subsection:

“(1B) A deciding officer may, at any time revise a determination of an officer of a health board, including an officer of a health board designated under section 267(1), if it appears to him or her that the determination was erroneous in the light of new evidence or of new facts which have been brought to his or her notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him or her that there has been any relevant change of circumstances since the determination was given 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.”,

(g) the substitution in section 248(2A) (inserted by section 30 of the Act of 1999) for “(1A)” of “(1A) or subsection (1B)”, and

(h) the substitution in section 278(d) (inserted by section 30 of the Act of 1999) for “248(1A)” of “248(1A) and section 248(1B)”.

(2) This section comes into operation on such day as the Minister may appoint by order.

32. —(1) The Principal Act is amended—

(a) in section 223(1) (inserted by section 14 of the Act of 1998) by the substitution for “In this section and sections 223A, 223B and 223C—” of “Subject to this section, in this section and sections 223A, 223B, 223C, 223D, 223E, 223F, 223G and 223H—”,

(b) in section 223C(1) (inserted by section 14 of the Act of 1998) by the substitution for the definition of “information” of the following definition:

“‘information’ means any personal data or information extracted from such data, whether collected before or after 5 February 1999.”,

(c) in the definition of “specified body” (as amended by section 27 of the Act of 1999) in section 223(1)—

(i) by the deletion in paragraph (k) (xxviii) of “or”, and

(ii) by the substitution for paragraph (l) of the following paragraphs:

“(l) the National Breast Screening Board,

(m) other than in sections 223A to 223C and 223E to 223H, the following—

(i) a recognised school or centre for education (within the meaning of section 2 of the Education Act, 1998 ),

(ii) a vocational education committee (within the meaning of section 7 of the Vocational Education Act, 1930 ),

(iii) an educational institution to which the Regional Technical Colleges Acts, 1992 to 1999, apply,

(iv) the Dublin Institute of Technology,

(v) a university to which the Universities Act, 1997 , applies,

(vi) the National Qualifications Authority of Ireland,

(vii) the Further Education and Training Awards Council,

(viii) the Higher Education and Training Awards Council,

(ix) a person who provides, organises or procures a programme of education or training,

or

(n) such other persons as may be prescribed;”,

(d) by the substitution in section 223C for subsection (5) of the following subsection:

“(5) A person who knowingly seeks or transfers any information held by a specified body relating to another by using that other's personal public service number, other than where the seeking or transferring of information is provided for under this Act or any other enactment, shall be guilty of an offence.”,

and

(e) by the insertion after section 223C of the following sections:

(2) The amendment effected by paragraph (e) of subsection (1) applies to information used for the purposes of section 223D, 223E, 223F or 223G of the Principal Act whether collected before or after the coming into operation of the provision concerned.

(3) This section shall come into operation on such day or days as the Minister may appoint by order or orders generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

33. —Subsection (2) of section 218 of the Principal Act is repealed.