[6 th May, 2015]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, construction and collective citation
1. (1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act 2015.
(2) The Social Welfare Acts and Part 2 shall be construed together as one Act.

PART 2
Amendments to Social Welfare Acts
Definitions
2. In this Part—
“Act of 2010” means the Social Welfare and Pensions Act 2010 ;
“Principal Act” means the Social Welfare Consolidation Act 2005 .

Definition of medical assessor and consequential amendments
3. (1) Section 2(1) of the Principal Act is amended by the insertion of the following definitions:
“ ‘employment agency’ has the same meaning as it has in the Employment Agency Act 1971 ;
‘medical assessor’ means—
(a) an officer of the Minister who is a registered medical practitioner, or
(b) such other person who is a registered medical practitioner—
(i) engaged by the Minister under a contract for services or otherwise, or
(ii) employed by an employment agency under a contract of employment (within the meaning of the Protection of Employees (Temporary Agency Work) Act 2012 ),
to provide medical services to the Minister;”.
(2) The Principal Act is amended—
(a) in section 46(1)(b)(iv) (amended by section 5 of the Act of 2007), by the substitution of “an officer of the Minister or a medical assessor” for “an officer of the Minister”,
(b) in section 46D(1)(a)(iii) (inserted by section 12 of the Act of 2010), by the substitution of “an officer of the Minister or a medical assessor” for “an officer of the Minister”,
(c) in section 91(1)(d)(iii) (amended by section 11 of the Act of 2007), by the substitution of “an officer of the Minister or a medical assessor” for “an officer of the Minister”,
(d) in section 118(3)(d) (amended by section 16 of the Act of 2007), by the substitution of “an officer of the Minister or a medical assessor” for “an officer of the Minister”,
(e) in section 186B, by the deletion of the definition of “medical assessor” (inserted by section 26 of the Social Welfare (Miscellaneous Provisions) Act 2010 ),
(f) in section 186C (amended by section 26 of the Social Welfare (Miscellaneous Provisions) Act 2010 ), by the deletion of subsections (2) and (3), and
(g) in section 212(1)(d) (amended by section 26 of the Act of 2007), by the substitution of “an officer of the Minister or a medical assessor” for “an officer of the Minister”.
(3) In subsection (2) “Act of 2007” means the Social Welfare and Pensions Act 2007 .

Entitlement to carer’s benefit, carer’s allowance and respite care grant
4. (1) The Principal Act is amended—
(a) in section 99 (amended by section 10(a) of the Act of 2008), by the substitution of the following subsection for subsection (2):
“(2) For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she requires from another person—
(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(b) continual supervision in order to avoid danger to himself or herself.”,
(b) in section 179 (amended by section 10(b) of the Act of 2008), by the substitution of the following subsection for subsection (4):
“(4) For the purposes of the definition of ‘relevant person’ in this Chapter, a person shall not be regarded as requiring full-time care and attention unless the person has such a disability that he or she—
(a) 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,
and
(b) is likely to require such full-time care and attention for at least 12 consecutive months.”,
and
(c) in section 224 (amended by section 10(c) of the Act of 2008), by the substitution of the following subsection for subsection (2):
“(2) For the purposes of the definition of ‘relevant person’ in this Part, a person shall not be regarded as requiring full-time care and attention unless the person is so incapacitated that he or she requires from another person—
(a) continual supervision and frequent assistance throughout the day in connection with normal bodily functions, or
(b) continual supervision in order to avoid danger to himself or herself.”.
(2) In this section “Act of 2008” means the Social Welfare (Miscellaneous Provisions) Act 2008 .

Entitlement to jobseeker’s allowance in certain circumstances
5. Section 148A (inserted by section 10 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 ) of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) This section applies—
(a) to a person who, during the period for which jobseeker’s allowance is being claimed under this section—
(i) is not entitled to one-parent family payment, and
(ii) would be entitled to one-parent family payment but for the fact that the youngest child has attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1),
and
(b) where the youngest child, referred to in paragraph (a)(ii), has not attained the age of 14 years.”,
and
(b) by the deletion of subsection (5).
Entitlement to one-parent family payment
6. (1) Section 172(1) of the Principal Act is amended—
(a) in the definition of “qualified parent” (amended by section 20 of the Act of 2010)—
(i) in paragraph (e), by the substitution of “6 months,” for “6 months, or”, and
(ii) in paragraph (h), by the substitution of “civil partnership,” for “civil partnership.”,
and
(b) in the definition of “relevant age” (amended by section 14 of the Act of 2012), by the substitution of the following paragraph for paragraph (a):
“(a) 16 years where—
(i) the person in respect of whom the claim for one-parent family payment is being made is qualified for a carer’s allowance under Chapter 8 of Part 3, including a payment under section 186A, or
(ii) a payment under Chapter 8A of Part 3 is being made in respect of a child, and”.
(2) Section 178C (amended by section 14 of the Act of 2012) of the Principal Act is amended by the substitution of the following subsection for subsection (3):
“(3) For the purposes of this section nothing in subsection (2) shall affect the entitlement of a person to whom this section applies to continue to be entitled to one-parent family payment until the youngest child attains 16 years where—
(a) the person is qualified for a carer’s allowance under Chapter 8 of Part 3, including a payment under section 186A, or
(b) the youngest child is a child in respect of whom a payment under Chapter 8A of Part 3 is being made.”.
(3) In this section “Act of 2012” means the Social Welfare Act 2012 .

Discontinuance of continued payment for qualified children
7. Section 234 (amended by section 29(2) of, and Schedule 1 to, the Act of 2010) of the Principal Act is amended by the insertion of the following subsection after subsection (1):
“(1A) Notwithstanding the provisions of this Part, a continued payment shall not be payable to a person for any period on or after the enactment of the Social Welfare (Miscellaneous Provisions) Act 2015.”.

Back to work family dividend
8. The Principal Act is amended by the insertion of the following Part after Part 7:
“PART 7A
Back to Work Family Dividend
Definitions
238A. In this Part—
‘employment’ means insurable employment but does not include participation in a qualifying scheme;
‘qualifying payment’ means an allowance payable to a person participating in a qualifying scheme where, immediately before such participation commenced, the person was in receipt of—
(a) jobseeker’s benefit, or
(b) jobseeker’s allowance, other than jobseeker’s allowance payable in accordance with section 148A;
‘qualifying scheme’ means—
(a) a scheme administered by the Minister and known as—
(i) Community Employment,
(ii) Tús,
(iii) Rural Social Scheme,
(iv) Gateway, or
(v) the national internship scheme,
(b) an approved course of training, or
(c) any other prescribed—
(i) scheme or programme of employment or work experience, or
(ii) course of education, training or development;
‘relevant payment’ means an allowance payable to a person participating in a qualifying scheme where, immediately before such participation commenced, the person was in receipt of—
(a) one-parent family payment, or
(b) jobseeker’s allowance payable in accordance with section 148A;
‘self-employment’ means insurable self-employment.
Entitlement to dividend
238B. (1) Subject to this Act, a person who has not attained pensionable age shall be entitled to a dividend (in this Act referred to as ‘back to work family dividend’) where—
(a) on or after 5 January 2015 and before 1 April 2018, the person ceases to claim or ceases to be entitled to—
(i) jobseeker’s benefit, jobseeker’s allowance, a qualifying payment or a relevant payment, by reason of that person or, where appropriate, that person’s spouse, civil partner or cohabitant—
(I) being in employment or self-employment, or
(II) commencing employment or self-employment within 4 weeks of the date on which that person ceased to claim or ceased to be entitled to the benefit, allowance or payment concerned,
or
(ii) one-parent family payment by reason of—
(I) that person being in employment or self-employment,
(II) that person commencing employment or self-employment within 4 weeks of the date on which he or she ceased to claim or ceased to be entitled to that payment,
(III) the youngest child having attained the age specified in paragraph (b) of the definition of ‘relevant age’ in section 172(1) and that person being in employment or self-employment at the date on which he or she ceased to claim or ceased to be entitled to that payment, or
(IV) section 178B, 178C or 178D no longer applying to that person and that person being in employment or self- employment on the date on which he or she ceased to claim or ceased to be entitled to that payment,
(b) immediately before the date on which the person ceased to claim or ceased to be entitled to a benefit, allowance or payment specified in paragraph (a), the person was in receipt of—
(i) an increase in jobseeker’s benefit, jobseeker’s allowance or one-parent family payment in respect of at least one qualified child who normally resides with that person, or
(ii) an increase in a qualifying payment or a relevant payment in respect of a child which corresponds to an increase referred to in subparagraph (i),
and
(c) in the case of—
(i) jobseeker’s benefit,
(ii) jobseeker’s allowance, other than jobseeker’s allowance payable in accordance with section 148A, or
(iii) a qualifying payment,
the person has, immediately before the date on which he or she ceased to claim or ceased to be entitled to the benefit, allowance or payment concerned, in any continuous period of unemployment been in receipt of such benefit, allowance or payment in respect of not less than 312 days of unemployment, of which not less than 156 days of unemployment have occurred in the 12 month period commencing immediately before that date.

(2) Not more than one back to work family dividend shall be paid in respect of a couple.
(3) Subject to subsection (4), a person shall not be entitled to back to work family dividend where that person or, where appropriate, that person’s spouse, civil partner or cohabitant—
(a) is in receipt of—
(i) any benefit specified in paragraphs (a) to (k) of section 39(1), other than disablement benefit payable in accordance with section 75 and death benefit by way of a grant in respect of funeral expenses,
(ii) any assistance specified in section 139(1), other than guardian’s payment (non-contributory) payable in accordance with section 168, widowed or surviving civil partner grant, domiciliary care allowance, a weekly or monthly payment payable in accordance with section 198 and supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance with section 200, 201, 202 or 206, or
(iii) a continued payment for qualified children payable in accordance with Part 7,
(b) participates in a qualifying scheme, or
(c) ceases to be employed or self-employed.
(4) Where, but for subsection (3), back to work family dividend would be payable to a person in a period of incapacity for work in respect of which illness benefit or injury benefit would also be payable to that person or, where appropriate, to his or her spouse, civil partner or cohabitant, the dividend shall be payable to that person for that part of the period of incapacity for work which does not exceed 36 days.
(5) A person shall not be entitled to back to work family dividend under this Part unless he or she is habitually resident in the State.
(6) In this section—
‘continuous period of unemployment’ shall—
(a) in relation to jobseeker’s benefit and jobseeker’s allowance, be construed in accordance with section 141(3), and
(b) in relation to a qualifying payment, be construed in accordance with section 141(3), subject to the modification that a reference to unemployment shall be construed as a reference to participation in a qualifying scheme;
‘couple’ means—
(a) a married couple who are living together,
(b) both civil partners of the same civil partnership who are living together, or
(c) both cohabitants.
Duration of dividend
238C. (1) Subject to this Act, back to work family dividend shall be paid for a maximum period of 104 weeks.

(2) Where back to work family dividend ceases to be paid to a person before the end of the period specified in subsection (1), the dividend may, subject to subsection (3) and section 238F, be paid to the person for any part of the unexpired portion of that period where—
(a) that person satisfies the conditions specified in section 238B(1), and
(b) sections 238B(3) and 238D(3) do not apply.
(3) Back to work family dividend may be paid to a person in accordance with section 238B(1) and subsection (2) in respect of separate periods, subject to—
(a) the aggregate of such periods not exceeding the period specified in subsection (1), and
(b) the dividend being paid in respect of not more than 3 such separate periods.

Rate of dividend
238D. (1) Subject to this Act, the weekly rate of back to work family dividend payable shall—
(a) in respect of the first 52 weeks, beginning on the date on which it is receivable in accordance with regulations made under this Act, be an amount corresponding to the amount set out in column (4) of Part 1 of Schedule 4, opposite reference 1(a) in column (1) of that Part in respect of each child to whom section 238B(1)(b) refers, subject to the maximum weekly dividend payable corresponding to the weekly rate payable in respect of 4 such children, and
(b) in respect of any week, occurring after the first 52 weeks, and not exceeding an aggregate of 104 weeks, be half the amount calculated in accordance with paragraph (a), subject to the maximum weekly dividend payable corresponding to half the weekly rate payable in respect of 4 such children.
(2) The weekly rate of back to work family dividend payable shall not include an amount in respect of a child to whom section 238B(1)(b) refers for any period during which that child—
(a) is treated as a qualified child for the purposes of an increase in any benefit specified in section 39(1), an increase in any assistance specified in section 139(1) or a continued payment for qualified children payable in accordance with Part 7,
(b) is treated as a child for the purposes of an increase in any qualifying payment or any relevant payment which corresponds to an increase in benefit or assistance referred to in paragraph (a),
(c) is treated as a qualified adult for the purposes of an increase in any benefit specified in section 39(1) or an increase in any assistance specified in section 139(1),
(d) is treated as an adult for the purposes of an increase in any qualifying payment or any relevant payment which corresponds to an increase in benefit or assistance referred to in paragraph (c),
(e) is in receipt of any benefit to which section 238B(3)(a)(i) refers or any assistance to which section 238B(3)(a)(ii) refers in his or her own right, or
(f) participates in a qualifying scheme.
(3) A person shall not be entitled to back to work family dividend during any period in respect of which—
(a) subsection (2) applies, and
(b) there is no child to whom section 238B(1)(b) refers in respect of whom the dividend is payable.

Regulations
238E. (1) The Minister may make regulations in relation to the back to work family dividend.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) —
(a) require employers to give such information to the Minister as he or she may require for the purposes of determining entitlement to the back to work family dividend, and
(b) prescribe—
(i) schemes or programmes of employment or work experience, and
(ii) courses of education, training or development,
for the purposes of paragraph (c) of the definition of ‘qualifying scheme’ in section 238A and different schemes, programmes or courses may be prescribed for different provisions of this Part.

Cessation of Part 7A
238F. This Part shall cease to have effect on 1 April 2021.”.

Authentication of identity when presenting for payment
9. Section 242 (amended by section 3 of the Social Welfare and Pensions Act 2014 ) of the Principal Act is amended—
(a) by the substitution of the following subsection for subsection (4):
“(4) Subject to subsection (5), a person presenting for payment of benefit on his or her own behalf shall satisfy the Minister, an officer of the Minister or a payment service provider, as the case may be, as to his or her identity by furnishing—
(a) his or her public services card, or
(b) a card that has been issued to the person by the Minister under section 264 and such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of that person.”,
(b) by the substitution of the following subsection for subsection (5):
“(5) The Minister may make arrangements with a payment service provider in respect of the payment of benefit to such class of persons as the Minister may determine and such arrangements may include the furnishing by the Minister of information or documentation to the payment service provider for the purposes of authenticating the identity of any such persons presenting to the payment service provider pursuant to the arrangement.”,
and
(c) by the insertion of the following subsections after subsection (5):
“(6) A person presenting for payment of benefit on behalf of another person (in this section referred to as the ‘other person’) shall furnish to the Minister, an officer of the Minister or a payment service provider, as the case may be—
(a) where the person has been nominated in that behalf in accordance with regulations made under section 244(1)(a) —
(i) evidence that he or she has been so nominated by the other person to receive the benefit on behalf of the other person,
(ii) the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and
(iii) such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the nominated person,
or
(b) where the person has been appointed in that behalf in accordance with regulations made under section 244(1)(b) —
(i) the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and
(ii) such other information or documentation as the Minster, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the appointed person.
(7) Where a person fails to comply with subsection (4) or (6), payment of benefit may be withheld until such time as the identity of the person is authenticated.
(8) The information or documentation provided by the Minister under subsection (5) may be recorded or retained by a payment service provider for the purposes of this section.
(9) The information or documentation furnished by a person under subsection (4) or (6) may be recorded or retained by the Minister, an officer of the Minister or a payment service provider.”.

Opinion of medical assessor
10. The Principal Act is amended by the insertion of the following section after section 300:
“Opinion of medical assessor
300A. (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 respite care 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.”.

Repayment of amounts due arising from false or misleading statements or wilful concealment of facts
11. Section 342A (inserted by section 18 of the Social Welfare and Pensions Act 2011 ) of the Principal Act is amended—
(a) by the designation of that section as subsection (1),
(b) by the substitution, in subsection (1), of “section 342” for “section 342(1)”, and
(c) by the insertion of the following subsection after subsection (1):
“(2) Subsection (1) shall apply to amounts required to be repaid by virtue of—
(a) a revised decision referred to in subsection (1)(a) or (1)(b), or
(b) a revised determination referred to in subsection (1)(c),
given on or after 29 June 2011, whether or not the amount so repayable is in respect of a period commencing before, or on or after, that date.”.

Statements of recoverable benefits
12. (1) The Principal Act is amended—
(a) in section 300(2), by the substitution of the following paragraph for paragraph (hh) (inserted by section 13 of the Act of 2013):
“(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”,
(b) in section 311, by the substitution of the following subsection for subsection (4)(inserted by section 13 of the Act of 2013):
“(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.”,
(c) in section 343L (inserted by section 13 of the Act of 2013)—
(i) by the insertion, in subsection (1), of the following definitions:
“ ‘relevant statement of recoverable benefits’ means a statement of recoverable benefits or, where a revised statement of recoverable benefits has been issued, the revised statement of recoverable benefits;
‘revised statement of recoverable benefits’ means a statement issued by the Minister under subsection 343PA(2) specifying the amount of recoverable benefits in respect of an injured person;”,
(ii) by the substitution, in subsection (1), of the following definition for the definition of “statement of recoverable benefits”:
“ ‘statement of recoverable benefits’ means a statement issued by the Minister under section 343P(3) or 343PA(1) specifying the amount of recoverable benefits in respect of an injured person.”,
and
(iii) by the substitution of the following subsection for subsection (2):
“(2) In this Part ‘recoverable benefits’ means—
(a) in the case of a statement of recoverable benefits issued under section 343P(3) or 343PA(1) —
(i) the specified benefits paid to an injured person as a result of the personal injury before the date of the issuing of the statement of recoverable benefits, and
(ii) the specified benefits that may be paid to an injured person as a result of the personal injury on or after the date referred to in subparagraph (i) until the end of the specified period,
and
(b) in the case of a revised statement of recoverable benefits issued under section 343PA(2) —
(i) the specified benefits paid to an injured person as a result of the personal injury before the date of the issuing of the revised statement of recoverable benefits, and
(ii) the specified benefits that may be paid to an injured person as a result of the personal injury on or after the date referred to in subparagraph (i) until the end of the specified period.”,
(d) by the insertion of the following section after section 343P (inserted by section 13 of the Act of 2013):
“Issuing of statements and revised statements of recoverable benefits by Minister
343PA. (1) The Minister may issue a statement of recoverable benefits to a compensator or the Board, as the case may be, where—
(a) a compensator has made a compensation payment to, or in respect of, an injured person but has not applied for a statement of recoverable benefits under section 343P(1), or
(b) the Board has issued an order to pay under section 38 of the Act of 2003 but has not applied for a statement of recoverable benefits under section 343P(2).
(2) The Minister may issue a revised statement of recoverable benefits to a compensator or the Board, as the case may be, where, subsequent to the issue of a statement of recoverable benefits under subsection (1) or section 343P(3), a decision or a revised decision, within the meaning of section 343Q(4), is given to—
(a) award a specified benefit to an injured person, or
(b) vary a specified benefit payable to an injured person.
(3) The Minister shall, at the same time as issuing a statement of recoverable benefits under subsection (1) or a revised statement of recoverable benefits under subsection (2) to a compensator or the Board, as the case may be, issue a copy of the statement to the injured person.
(4) The Minister may by regulations prescribe the information to be provided by a compensator or an injured person which is required by the Minister in relation to the identity of the injured person and benefits received by that person for the purposes of issuing a statement of recoverable benefits under subsection (1) or a revised statement of recoverable benefits under subsection (2), as the case may be.”,
(e) by the substitution of the following section for section 343Q (inserted by section 13 of the Act of 2013):
“Period of validity of statements and revised statements of recoverable benefits
343Q. (1) A statement of recoverable benefits or a revised statement of recoverable benefits shall be valid—
(a) in a case where, at the time of issuing the statement, no recoverable benefits have been identified—
(i) for 12 months from the date of issue of the statement of recoverable benefits or revised statement of recoverable benefits, as the case may be, or
(ii) until such time as a decision or a revised decision is given to award a specified benefit to an injured person,
whichever is the earlier,
(b) in a case where, at the time of issuing the statement, recoverable benefits have been identified and no specified benefit is being paid—
(i) for 12 months from the date of issue of the statement of recoverable benefits or revised statement of recoverable benefits, as the case may be, or
(ii) until such time as a decision or a revised decision is given to award a specified benefit to an injured person or to vary a specified benefit payable to an injured person,
whichever is the earlier, and
(c) in any other case—
(i) for 3 months from the date of issue of the statement of recoverable benefits or the revised statement of recoverable benefits, as the case may be, or
(ii) until such time as a decision or a revised decision is given to vary a specified benefit payable to an injured person,
whichever is the earlier.
(2) A person to whom a statement of recoverable benefits or a revised statement of recoverable benefits has been issued may request the Minister to furnish particulars of the manner in which the amount of recoverable benefits specified in the statement was calculated.
(3) The Minister shall furnish the particulars requested under subsection (2) within 4 weeks of the receipt of such a request.
(4) In this section—
‘decision’ means—
(a) a decision that is given by a deciding officer under section 300, or
(b) a decision that is given by an appeals officer under section 311;
‘revised decision’ means—
(a) a revised decision that is given by a deciding officer under section 301, or
(b) a revised decision that is given by an appeals officer under section 317.”,
(f) in section 343R (inserted by section 13 of the Act of 2013)—
(i) in subsection (1), by the substitution of “relevant statement of recoverable benefits” for “statement of recoverable benefits”, and
(ii) in subsection (2), by the substitution of “relevant statement of recoverable benefits” for “statement of recoverable benefits”,
(g) in section 343U (inserted by section 13 of the Act of 2013), in subsection (2), by the substitution of “paragraph (a)(ii) or (b)(ii) ” for “paragraph (b) ”,
(h) in section 343V (inserted by section 13 of the Act of 2013)—
(i) in subsection (2), by the substitution of “relevant statement of recoverable benefits” for “statement of recoverable benefits”, and
(ii) in subsection (3), by the substitution of “relevant statement of recoverable benefits” for “statement of recoverable benefits”,
and
(i) by the insertion of the following section after section 343W (inserted by section 13 of the Act of 2013):
“Transitional arrangements
343X. Any statement of recoverable benefits issued prior to the coming into operation of section 12 of the Social Welfare (Miscellaneous Provisions) Act 2015 shall be valid for the period specified in that statement or until a decision or a revised decision, within the meaning of section 343Q(4), is given to award a specified benefit to an injured person or to vary a specified benefit payable to an injured person, whichever is the earlier.”.

(2) In this section “Act of 2013” means the Social Welfare and Pensions Act 2013 .

Specified bodies
13. Schedule 5 to the Principal Act is amended, in paragraph 1(4) (amended by section 101 of, and paragraph 10 in Schedule 8 to, the Property Services (Regulation) Act 2011 ), by the insertion of “the Pyrite Resolution Board,” after “the Property Services Regulatory Authority,”.

Amendments consequential on back to work family dividend
14. The Principal Act is amended in the manner specified in the Schedule .

Miscellaneous amendments to Principal Act
15. (1) Section 2 of the Principal Act is amended, in subsection (1), by the substitution of “section 148A(4) ” for “section 148A(5) ” in paragraph (c) of the definition of “day of unemployment”.
(2) Schedule 3 to the Principal Act is amended—
(a) in Part 1, by the substitution of the following definition for the definition of “maintenance grant”:
“ ‘maintenance grant’ means a grant—
(a) that—
(i) was awarded in accordance with section 2 (amended by section 3 of the Local Authorities (Higher Education Grants) Act 1992 ) of the Local Authorities (Higher Education Grants) Act 1968 , and
(ii) was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011 ,
(b) that—
(i) was awarded pursuant to a scheme administered by a vocational education committee (within the meaning of section 7 of the Vocational Education Act 1930 ) whereby grants were provided to students to assist them in attending courses in higher or further education, and
(ii) was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011 ,
or
(c) that was awarded under a scheme of grants made pursuant to section 16 of the Student Support Act 2011 ;”,
(b) in Rule 1(2)(b)(ix) of Part 2, by the substitution of the following subclauses for subclauses (I) and (II):
“(I) the Rural Environment Protection Scheme and the Agri-Environment Options Scheme administered by the Minister for Agriculture, Food and the Marine;
(II) the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,”,
and
(c) in Rule 1(2)(b)(x) of Part 3 (amended by section 24 of, and Schedule 4 to, the Social Welfare Law Reform and Pensions Act 2006 ), by the substitution of the following subclauses for subclauses (I) and (II):
“(I) the Rural Environment Protection Scheme and the Agri-Environment Options Scheme administered by the Minister for Agriculture, Food and the Marine;
(II) the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,”.

PART 3
Amendments to other Acts
Amendment of Taxes Consolidation Act 1997
16. The Taxes Consolidation Act 1997 is amended, in Chapter 1 of Part 7, by the insertion of the following section after section 194A (inserted by section 47 of the Social Welfare Law Reform and Pensions Act 2006 ):
“Back to work family dividend
194B. Back to work family dividend payable under Part 7A (inserted by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2015) of the Social Welfare Consolidation Act 2005 shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”.

Amendment of section 38 of Personal Injuries Assessment Board Act 2003
17. Section 38 of the Personal Injuries Assessment Board Act 2003 is amended, in subsection (2) (amended by section 14 of the Social Welfare and Pensions Act 2013 ), by the substitution of the following paragraph for paragraph (a):
“(a) to the Minister for Social Protection, the amount of recoverable benefits specified in the relevant statement of recoverable benefits, if any, in accordance with the provisions of Part 11B (amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2015) of the Social Welfare Consolidation Act 2005 , and”.

SCHEDULE
Amendments Consequential on Back to Work Family Dividend
Section 14
Item No.  Provision affected  Amendment
1         Section 2           Subsection (1) is amended—
(a) in the definition of “beneficiary”, by the substitution of “child benefit, family income supplement or back to work family dividend,” for “child benefit or family income supplement,”,
(b) in the definition of “claimant”, by the substitution of “child benefit, family income supplement or back to work family dividend,” for “child benefit or family income supplement,” and
(c) in the definition of “social welfare inspector”, by the substitution of “7, 7A,” for “7,”.

2         Section 3           Subsection (10) is amended by the substitution of “, Chapter 9 of Part 3 and Part 7A” for “and Chapter 9 of Part 3”.

3         Section 186A        Paragraph (d) of subsection (5) is amended by the insertion of the following subparagraph after subparagraph (ii):
“(iia) is entitled to or in receipt of back to work family dividend,”.

4         Section 240         Is amended by—
(a) the substitution of “qualified children,” for “qualified children, or” in paragraph (g), and
(b) the insertion of the following paragraph after paragraph (g):
“(ga) back to work family dividend, or”.
5         Section 241         Paragraph (c) of subsection (2) is amended by the substitution of “farm assist, family income supplement and back to work family dividend,” for “farm assist and family income supplement,”.

6         Section 246         Subsection (3) is amended by the substitution of “210(9), 220(3) and 238B(5).” for “210(9) and 220(3).”

7         Section 250         Is amended—
(a) in subsection (1), by the substitution of “7, 7A,” for “7,”,
(b) in subsection (7), by the substitution of “7, 7A,” for “7,” and
(c) in subsection (7A), by the substitution of “7, 7A,” for “7,”.

8         Section 300         Subsection (2) is amended by the insertion of the following paragraph after paragraph (f):
“(fa) Part 7A (back to work family dividend),”.
9         Section 302         Is amended—
(a) in paragraph (a), by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children”, and
(b) in paragraph (b), by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children”.

10        Section 319         Is amended—
(a) in paragraph (a), by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children”, and
(b) in paragraph (b), by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children”.

11        Section 334         Is amended—
(a) in subsection (1) —
(i) in paragraph (a), by the substitution of:
(I) “7, 7A,” for “7,” and
(II) “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children” in each place that it occurs, and
(ii) in paragraph (b), by the substitution of “7, 7A,” for “7,”, and
(b) in subsection (2), by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children” in each place that it occurs.

12        Section 335         Is amended by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children” in each place that it occurs.

13        Section 336         Is amended by the substitution of—
(a) “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children” in each place that it occurs, and
(b) “supplement, payment or dividend” for “supplement or payment” in each place that it occurs.

14        Section 337         Is amended by the substitution of—
(a) “child benefit, family income supplement, continued payment for qualified children or back to work family dividend” for “child benefit or family income supplement” in each place that it occurs, and
(b) “family income supplement, continued payment for qualified children or back to work family dividend” for “early childcare supplement, family income supplement or continued payment for qualified children” in paragraph (b).

15        Section 338         Paragraph (b) is amended by the substitution of “family income supplement, continued payment for qualified children or back to work family dividend” for “family income supplement or continued payment for qualified children”.

16        Section 340         Is amended by the substitution of “benefit, assistance, child benefit, family income supplement, continued payment for qualified children or back to work family dividend” for “benefit or assistance” in each place that it occurs.

17        Section 341         Is amended by the substitution of “supplement, payment or dividend” for “supplement or payment” in each place that it occurs.

18        Section 342         Is amended—
(a) in paragraph (f), by the substitution of “qualified children,” for “qualified children, or”, and
(b) by the insertion of the following paragraph after paragraph (f):
“(fa) back to work family dividend, or”.
19        Schedule 3          Part 4 is amended in Rule 1(2)(b)(v) —
(a) in subclause (III)(B), by the substitution of “Part 2;” for “Part 2; and”,
(b) in subclause (IV), by the substitution of “186A; and” for “186A;” and
(c) by the insertion of the following subclause after subclause (IV):
“(V) any moneys received by way of back to work family dividend under Part 7A;”.

20        Schedule 3          Table 2 is amended by the substitution of the following reference for reference number 1:
“1. any moneys received by way of benefit, pension, assistance, allowance, supplement, continued payment for qualified children or back to work family dividend under Part 2, 3, 4, 5, 6, 7, 7A or 8;”.


16 & 17 Vict. c. 112.
‘Whereas an Act was passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of Her Majesty’s Reign, intituled An Act to consolidate and amend the Laws relating to Hackney and Stage Carriages, as also to Job Carriages, and Carts let for Hire, within the Police District of Dublin Metropolis, and it is expedient that some of the Provisions contained in the said Act shall be repealed, in order that the same may be altered and amended:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
Parts of Act herein specified repealed.                                                                            I. From and after the Commencement of this Act, such Parts of the said Act as are set forth in the Schedule (A.) to this Act annexed shall cease and determine, and shall be repealed, save as to any Licences granted by the Commissioners of Police to keep, ply, use, or let to Hire any Stage Carriage, Job Carriage, Cart, or Job Horse, or any Duties, Penalties, or Forfeitures that shall have been incurred or become payable by virtue of the said Act, and save also as to all other Matters and Things whatsoever which shall have been done or omitted, either pursuant to or in violation of the said Act, prior to the First Day of August One thousand eight hundred and fifty-four.

Commissioners to grant Licences to Proprietors.                                                                    Commissioners may refuse or revoke Licences.

II. The Commissioners of Police of the Police District of Dublin Metropolis, or their Officer authorized in that Behalf, shall and may grant Licences, upon the Terms and Conditions and in the Manner and Form herein-after mentioned, to keep, ply, use, or let to Hire any Stage Carriage, Job Carriage, Hackney Carriage, Cabriolet, Cart, or Job Horse, within the Limits of the said Act, and every such Licence shall take effect from the Date thereof, and shall continue in force so long as the annual Duty payable thereupon under the Provisions of this Act, to be computed from the First Day of January of each Year, shall be paid in manner as herein directed, or until the same shall be voluntarily surrendered by the Party named therein, or otherwise be determined or revoked, under the Provisions of the said Act or of this Act; and every such Payment of Duty shall be made at the Office provided for the Purpose by the said Commissioners, in One annual Payment, at a Time or within a Period to be specified in such Licence as and for such Payment; and such Payment of the said annual Duty in respect of the Carriage, Cabriolet, Cart, or Horse described in the said Licence shall be certified by the Officer duly authorized for that Purpose, whose Certificate thereof shall be received as sufficient Evidence of the Existence or Continuance in force of said Licence: Provided always, that in regard of any such Carriage, Cabriolet, Cart, or Job Horse it shall be lawful for the said Commissioners, if they shall think proper, to refuse to grant any such Licence, or to revoke or suspend for such Time as they shall think proper any such Licence which may have been theretofore granted, and to recal and take away the Dublin Plate belonging thereto, in case it shall appear to the said Commissioners, upon Inspection or otherwise, that the Carriage, Cabriolet, Cart, or Job Horse in respect of which such Licence shall be applied for or granted, or any Horse or Harness used with any such Carriage, Cabriolet, or Cart, is unserviceable or unsafe, or otherwise unfit for public Accommodation or Use, or that the Person applying for or in possession of any Licence is an unfit Person to hold the same, by reason of his having been convicted of any. Theft or Felony, or of his having been convicted of any Assault, or of Drunkenness, or of any Breach of the Provisions of the said Act or of this Act, or of the Rules, Orders, or Byelaws made in pursuance thereof; but in all such Cases of Refusal or Revocation the said Commissioners shall endorse upon or annex in Writing to such Licence, or the Requisition therefor, the Grounds for such Refusal or Revocation: Provided also, that a Licence shall not on any account be granted to any Person under the Age of Eighteen Years, otherwise than jointly with some Person of full Age who shall be appointed to act as Trustee, Executor, Guardian, or Administrator of the Will or Personal Estate of a Proprietor dying while licensed, and in any such Case the Trustee, Executor, Guardian, or Administrator named in the Licence shall, during the Minority of any Person or Persons named in such Licence with him, be accountable in all respects as if Proprietor of such Carriage, Cabriolet, Cart, or Horse: Provided also, that there shall be obtained a separate and distinct Licence for using or letting to Hire every Hackney Carriage, Job Carriage, Stage Carriage, Cabriolet, Job Horse, and Cart; but no Licence so obtained shall authorize the Use of any such Carriage, Cabriolet, or Cart in any Manner contrary to the Import of the Licence appertaining to such Carriage, Cabriolet, or Cart, within the Meaning of this Act: Provided also, that in every Case in which a Licence is to be obtained the proper Duty in respect of the Carriage, Cabriolet, Cart, or Horse to be described therein shall be first paid as herein required, and shall be paid in every Year thenceforward while in force, according to the General Regulations which the said Commissioners shall require to be observed, and which they are by this Act empowered to make for the Purpose, and to prescribe in each Licence.

Licences to be an Authority only to Persons named therein.                                                         III. Every Licence to be issued under this Act shall be deemed to be an Authority only to the Person or Persons named therein; but on the Transfer, by Sale or otherwise, of the Property or Ownership in any Carriage (other than a Hackney Carriage), or in any Cabriolet, Job Horse, or Cart, for which a Licence shall be granted, or on the Admission of any Person as a Partner in the Ownership of any such Carriage, Horse, or Cart, it shall be lawful for the said Commissioners or their authorized Officer as aforesaid to grant, in lieu of such Licence, to any Person or Persons who shall be named in any Requisition to be addressed to them for the Purpose, a Licence to the like Effect; and on the Transfer, by Sale, Assignment, Bequest of, or Change of Property in any Manner whatsoever in any Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, a Requisition for a Licence, according to the Nature of the Case, shall be first sent to the said Commissioners, and if they shall consider the Person so proposed or named as Purchaser, Assignee, Legatee, or Partner to be a fit Person to be licensed as a Proprietor of a Hackney Carriage, having regard to the Limitations herein made for the Purpose of preventing improper Persons from obtaining Licences, it shall then, but not otherwise, be lawful to grant, in lieu of the Licence for such Carriage or Cabriolet then in force, a Licence to the Person named in the said Requisition; and for every such Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, the proper Fee or Sums appropriated thereto shall be first paid as herein-after required; and in every such Case as aforesaid, in which the annual Duty according to any such Licence shall have been paid for the Year or Period then present, the new Licence shall be granted without Payment of any further Duty for such Year or Period: Provided also, that in all Cases it shall be sufficient in any Proceedings under this Act to name the Proprietor or Proprietors actually licensed at the Time, and on Proof thereof such Proceedings shall extend to and include every Person concerned in the Ownership of any Carriage, Cabriolet, Cart, or Horse in the Use, hiring, or plying of which any Offence or Injury shall be committed; and it shall and may be lawful to and for any of the Divisional Justices of the Police District of Dublin Metropolis, upon Complaint made to him in that Behalf, to inquire into all and every Matter and Thing respecting the Misconduct of any Proprietor, Part Proprietor, Driver, Conductor, or other Person belonging to or in any Manner connected with any such licensed Carriage, Cabriolet, Cart, or Job Horse, and to correct the same as he shall think proper, whether or not a Remedy may have been provided against such Misconduct by the said Act, or by the Rules, Orders, Regulations, or Byelaws made pursuant thereto.

Supplementary Licences may be granted in certain Cases.                                                            Such Supplementary Licences to be then the only Licences in force.

Commissioners may refuse to grant such in Cases of wilful Damage.

IV. Whenever any of the Particulars entered or endorsed upon any Licence in force, under the Provisions of this Act or the before-recited Act, shall be obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any such Licence shall be proved to the Satisfaction of the said Commissioners to have been lost or mislaid, the Person to whom such Licence shall have been granted shall (if he shall have the same in his Possession or Power) deliver up such Licence, and shall make and sign a Requisition for a Supplementary Licence as herein provided, and then and in such Case it shall be lawful for the said Commissioners, or their authorized Officer as aforesaid, to grant to such Person a Supplementary Licence in lieu of the Licence so obliterated, defaced, lost, or mislaid, on Payment of the Sum of Two Shillings and Sixpence for and in respect of such Supplementary Licence where the same shall be required by the Proprietor of any licensed Carriage, Cart, or Job Horse, and on Payment of the Sum of One Shilling where such Supplementary Licence shall be required by the Conductor of any licensed Stage Carriage, or the Driver of any licensed Carriage whatsoever, and in like Manner a Supplementary Licence shall be taken out from Time to Time as often as any of the several Cases aforesaid shall occur: Provided always, that whenever any such Supplementary Licence shall be granted in lieu of any pre-existing Licence, such pre-existing Licence shall thenceforth cease and determine, and such Supplementary Licence shall be deemed to be the only Licence in force, and it shall not be necessary upon any Occasion to prove that such pre-existing Licence had been previously taken out, nor shall the Circumstances under which such Supplementary Licence was issued be required to be proved, nor the Regularity of the issuing thereof in any Manner questioned: Provided also, that it shall be lawful for the said Commissioners to refuse to grant any such Supplementary Licence if it shall appear to the said Commissioners that the Particulars entered or endorsed on any Licence so to be delivered up as aforesaid shall have been wilfully obliterated or rendered illegible by any other Means than by regular and proper Use and Wear thereof.

Hackney Carriage Licences granted under 16 & 17 Vict c. 112. null and void.                                        V. From and after the First Day of August One thousand eight hundred and fifty-four, all Licences theretofore granted by the said Commissioners to ply or let to Hire any Hackney Carriage under the Provisions of the said Act, shall cease and determine, and be utterly null and void, and shall be delivered up to the said Commissioners, together with the Dublin Plate appertaining thereto: Provided always, that every Person who shall on the said First Day of August One thousand eight hundred and fifty- four be possessed of any such Licence as last aforesaid, and who shall, at any Time within One Calendar Month thereafter, apply for a Licence in lieu of such former Licence, and shall have paid all Fines and Forfeitures which may have been incurred by him in respect thereof, shall be primâ facie entitled to a Licence to ply or let for Hire a Cabriolet under the Provisions of this Act; and in consideration of the Duty theretofore paid on procuring such former Licence it shall be lawful to make a Deduction from the Amount of Duty payable under this Act for and in respect of the Cabriolet Licence so to be granted, equal to the Amount of Duty previously paid in respect of the former Licence so surrendered and delivered up.

Limitation as to Number of Licences to be granted.                                                                 VI. The Number of Licences (subject, however, to the Conditions herein-after mentioned and expressed respecting such Licences,) so as aforesaid to be granted by the said Commissioners or their authorized Officer to Proprietors of Hackney Carriages which shall be in force at any One and the same Time shall not at any Time exceed the Number of Licences in force on the First Day of January One thousand eight hundred and fifty-four: Provided, nevertheless, that when and so often as any Person, duly qualified to be licensed as a Proprietor of a Hackney Carriage, shall consent to pay to the Officer duly appointed to issue Licences under the said Act, for and in respect of a Licence for a Hackney Carriage, a Premium of Twelve Pounds Ten Shillings, it shall and may be lawful to and for the said Commissioners or their authorized Officer, then, but not otherwise, to grant to such Person a Licence to keep, ply, use, or let to Hire within the Limits of the said Act a Hackney Carriage, such Licence to be subject in all respects thereafter to the Provisions of the said Act and of this Act.

Licence Duties to be paid as in Schedule (B.)                                                                      VII. From and after the First Day of August One thousand eight hundred and fifty-four, there shall be paid, in each and every Year, to the Officer duly appointed to issue Licences under the said Act, for and in respect of every Licence to be granted under this Act, for every Job Carriage, Stage Carriage, Hackney Carriage, Cabriolet, Cart, and Job Horse mentioned and described in the Schedule (B.) to this Act annexed, and which shall be deemed a Part of the same, the several annual Duties or Sums of Money set down in Figures against the same respectively; and for and in respect of every Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage or Cabriolet, or upon the Admission of any Person to a Share in the Ownership thereof, there shall be paid to the aforesaid Officer the Fee or Sum appropriated and described in the said Schedule (B.), save where such Licence shall be granted to the Widow or Children of a Proprietor dying while licensed.

Duties may be altered or abolished, with Consent of Lord Lieutenant.                                               VIII. It shall and may be lawful for the said Commissioners, if they shall think proper, from Time to Time, in each and every Year, to alter and diminish, or to annul and abolish all or any of the several Duties, Sum or Sums of Money specified in the said Schedule (B.), or which shall hereafter under this Act he charged for and upon the respective Stage Carriages, Job Carriages, Hackney Carriages, and Cabriolets, Job Horses, and Carts, as described in the said Schedule, but so as that in case of any Alteration thereof, whether the same be by Diminution or wholly annulling the same, or whether the same shall affect all or any One or more of the same, such Alteration shall be approved of by the Chief or Under Secretary to the Lord Lieutenant of Ireland, and that wherever any of the said Duties shall be altered a Schedule of the new Duties shall, immediately after such Alteration shall have been approved of as aforesaid, be published once in the Dublin Gazette, and Three Times in any of the Newspapers published in Dublin within Seven Days next after the Publication of the Schedule last mentioned in the Dublin Gazette;and the said last-mentioned Schedule, after the Expiration of such Period of Seven Days, shall be deemed and taken to be a Part of this Act, in lieu of so much of the Schedule (B.) hereunto annexed, as often as any Duties shall be altered in the Manner herein provided.

Execution shall not be stayed unless the Party convicted shall give Security by Recognizance to prosecute Appeal.  IX. No Appeal shall stay or prevent the Execution of any Warrant or Process on any Conviction, unless the Party convicted shall before the convicting Justice or Justices enter into a Recognizance, with Two sufficient Sureties, in a Sum equal to double the Amount of the Penalty or Penalties in which the said Party shall have been convicted, and of the Costs awarded, if any, which Recognizance shall be conditioned that the Party so appealing shall personally appear at the proper General Quarter Sessions, and abide the Judgment of the Court thereupon, and pay such Costs, if any, as shall be by the Court awarded, which Recognizance such Justice or Justices is and are hereby authorized to require and take of the Party convicted entering into such Recognizance; and the Justice who shall take such Recognizances is also hereby required to bind the Person who shall make the Charge on which such Judgment shall have been given in a Recognizance conditioned that he shall appear at such General or Quarter Sessions aforesaid, then and there to give Evidence against the Person so charged, and to in like Manner bind any other Person who shall have any Knowledge of the Circumstances of such Offence: Provided always, that in case such Appeal shall be dismissed, and such Conviction affirmed, the reasonable Expenses of all such Witnesses attending as aforesaid, to be ascertained by the Court, shall be paid by the Appellant or Appellants; and the Recognizance or Recognizances so entered into as aforesaid shall be estreated, unless such Expenses are so paid by such Appellant or Appellants; and it shall not be necessary at the Hearing of such Appeal to return or produce to the Court of Quarter Sessions any Record of the Conviction of the Defendant or Appellant before any Divisional Justice, but it shall be deemed sufficient for the Clerk of the convicting Justice to attend at such Court of Quarter Sessions, and produce the Book containing the Entry of such Conviction, and such Clerk shall enter in such Book the Judgment of the said Court of Quarter Sessions in reference to such Appeal, and thereupon such Judgment shall be held to be final and conclusive between the Parties to such Appeal.

Interpretation of certain Words in this Act.                                                                       X. That the Words and Expressions herein-after mentioned shall in this and the said Act, and the Schedules thereto annexed, (except where the Nature of the Provisions or the Context of the Act shall exclude such Construction,) be interpreted as follows; that is to say, the Words “Hackney Carriage” shall include every Carriage constructed with less than Four Wheels used for Passengers (except a Stage Carriage, or any Carriage known as Hansom’s Patent Safety Cab), which shall be used for the Purpose of standing or plying for Hire in any Street or Road or any Place within the Limits of the said Act; the Word “Cabriolet” shall include every Carriage known as Hansom’s Patent Safety Cab, and every Carriage constructed with Four Wheels used for Passengers (except a Stage Carriage, or a Carriage drawn or impelled by the Power of Steam), which shall be used for the Purpose of standing or plying for Hire in any Street or Road or other Place within the Limits of said Act.

Act of 16 & 17 Vict. c. 112. and this Act to be construed together.                                                XI. The said recited Act of the Sixteenth and Seventeenth Years of the Reign of Her present Majesty and this Act shall be construed together as One Act, and all and every the Enactments and Provisions contained shall apply and extend to this Act, and to all Licences, Convictions, Warrants, Distresses, Proceedings, and Things granted, made, taken, and done in execution of this Act, as fully, to all Intents and Purposes, as if herein repeated and re-enacted, save in so far as such Enactments and Provisions are inconsistent with or contrary to this Act, or as such Enactments may be altered by this Act, or other Enactments made in lieu thereof.

Security to be given by Officers, &c. employed under this Act.                                                     XII. Every Officer employed under the said Commissioners who in the Execution of his Duty shall be engaged in the Receipt of Money payable in pursuance of this Act shall, in respect of any Money to be received by him under this Act, and any other Act in the Execution of which he shall be employed, give Security in such Amount as the said Commissioners, with the Approval of the said Chief or Under Secretary, shall direct, and for that Purpose it shall be lawful to and for the said Commissioners to accept of, receive, and take the usual Form of Security in such Cases entered into by any incorporated Guarantee Association for the Purpose of giving Security for the Fidelity of Persons holding Situations or Offices of Trust and Confidence.

Reputation to be sufficient Evidence of Officer’s Authority.                                                       XIII. If it shall become necessary to prove the Power, Office, Authority, or Appointment of any Officer or Person appointed or acting under or by virtue of this Act or the said Act, it shall in all Cases be sufficient, to all Intents and Purposes, to prove that such Person at the Time in question was commonly known or reputed to hold such Office or Situation respectively, and it shall not in any such Case be necessary to produce or prove any Appointment or Qualification whatsoever of such Person or Persons.

Short Title.                                                                                XIV. In citing this Act in other Acts of Parliament, or in legal Instrument or any Proceedings, it shall be sufficient to use the Expression “The Dublin Amended Carriage Act, 1854.”

Misnomers not to affect the Execution of the Act.                                                                  XV. No Misnomer or inaccurate Description in the Schedules to this Act annexed shall prevent or in anywise affect the Operation thereof, but this Act shall apply and be enforced, as fully and effectually, to all Intents and Purposes, as if the Subject of such Misnomer or Misdescription had been correctly named and described in such Schedule, provided the same be designated to common Intent and Understanding.

Commencement of Act.                                                                                XVI. This Act shall commence and take effect from and after the First Day of August One thousand eight hundred and fifty-four.

SCHEDULES to which this Act refers.
SCHEDULE (A.)
Act and Parts thereof repealed.
Date of Act.             Title.                                                                                Extent of Repeal.

16 & 17 Vict. cap. 112.  An Act to consolidate and amend the Laws relating to Hackney and Stage Carriages, also Job Carriages, and Horses and Carts let for Hire, within the Police District of Dublin Metropolis.  Section 5.—Relating to the Licence Duties to be paid for and in respect of Licences to be granted for Hackney Carriages, Job Carriages, Stage Carriages, Carts, and Job Horses within the Limits of the said Act, as mentioned and described in the Schedule B. to the said Act annexed.

Section 7.—Whereby the Commissioners of Police of the said District are empowered, with the Consent of the Lord Lieutenant, to alter or abolish all or any of the Duties payable for and upon the respective Carriages, Carts, and Job Horses described in the said Schedule B.

Section 10.—-Whereby Power is given to the said Commissioners to grant Licences upon the Terms and Conditions in the said Act set forth, to keep, ply, use, or let to Hire within the Limits aforesaid any Hackney Carriage, Stage Carriage, Job Carriage, Cart, or Job Horse, or to refuse or revoke the same.

Section 14.—That portion thereof which declares to be null and void any Licence of which any of the Particulars entered or endorsed thereon shall be erased or otherwise defaced.

Section 59.—Ditto - ditto - ditto. Section 71.—Which relates to taking Recognizances from Witnesses conditioned that they shall personally appear at the proper General or Quarter Sessions, pursuant to the Terms of such Recognizances, and to the Authority of the said Courts to award such Witnesses Compensation for attending pursuant to such Recognizances.

Section 80.—That Portion thereof relating to and explaining the Words “Hackney Carriage.” Schedule B.—That Portion thereof mentioning and describing the Duties imposed by the said Act for and in respect of every Licence granted by the said Commissioners for a Hackney Carriage, Stage Carriage, Job Carriage, Cart, or Job Horse. Schedule C.—Containing Forms of Licences to be used under the said Act.

SCHEDULE (B.)
Containing the Duties and Fees on Licences imposed by this Act.

For and in respect of every Licence for a Job Carriage used or let to Hire within the Limits of the said Act, and to be drawn by Two or more Horses, for every such Licence - .. ------ -                                                                                £8
For and in respect of every Licence for a Job Carriage used or let to Hire within the Limits of the said Act, and to be drawn by One Horse only, for every such Licence -----                                                                                £5
For and in respect of every Licence for a Stage Carriage used or which shall ply within the Limits of the said Act, for every such Licence -                                                                                £8
For and in respect of every Licence for a Hackney Carriage used or let to Hire within the Limits of the said Act, for every such Licence -                                                                                £2—to be payable by £1 on the First Day of January and £1 on the First Day of July in each Year.

For and in respect of every Licence granted on the Sale or Assignment, or Change of Property in any such Hackney Carriage or Cabriolet, or on the Admission of any Person to a Share in the Ownership thereof, save where such Licence shall be granted to the Widow or Children of a Proprietor dying while licensed, for every such Licence a Fee of-------  10s.

For and in respect of every Licence for a Cabriolet used or let to Hire within the Limits of the said Act, for every such Licence -                                                                                £1 4s.

For and in respect of every Licence for a Hackney Carriage used or let to Hire within the Limits of the said Act which shall be granted to any Person already licensed for and in respect of a Cabriolet, in addition to the Premium to be paid under the Sixth Clause of this Act ------                                                                      £1
For and in respect of every Licence for a Job Horse used or let to Hire within the Limits of the said Act without a Carriage, whether such Horse shall be used or let otherwise or not, for every such Licence -                                                                                £2
For and in respect of every Licence for a Cart or Dray used or let to Hire within the Limits of the said Act, for every such Licence -                                                                                12s.

SCHEDULE (C.)
Containing Forms of Licences under the said Act and this Act.

No. 1.
By the Commissioners of Police of the Police District of Dublin Metropolis. Licence for a
No.
In pursuance of the Powers vested in the Commissioners of Police of the Police District of Dublin Metropolis by an Act of Parliament passed in the Session of Parliament holden in the Years of the Reign of Her present Majesty, intituled [here insert the Short Title of the Act], I, the undersigned, being One of the said Commissioners [or being the Person duly authorized by the said Commissioners for that Purpose, as the Case may be], do hereby grant this Licence, together with a Plate as a Mark of Distinction corresponding in Number therewith, to of in the of the said Licence to remain in force (unless revoked or otherwise determined under the Provisions of the said Act) for such Period as the said shall continue to pay the yearly Sum of being the annual Duty to be paid in respect thereof, the said Sum to be paid [here insert Period for Payment of Duty] in every successive Year, or in default of such Payment this Licence to be null and void and of no Effect; and this Licence shall be produced to the said Commissioners, or One of them, at all Time and Times, and from Time to Time, as the same shall be required or ordered by the said Commissioners or any One of them to be produced, and shall be subject to such Laws as are now or hereafter shall be in force for the better Regulation of and the Drivers thereof, and also all such other Rules, Orders, and Byelaws as are now in force or hereafter may be made by the Commissioners of Police for the Time being.

Given under my Hand [or, Signed by Authority of the Commissioners of Police, and dated, as the Case may be], this Day of
Form of Endorsement of the Delivery of any New Dublin Plate.

Date of Delivery.  Number changed.  Entered at the Office.
From               To
Memorandum of Change of Residence of Proprietor.
Date.  From  To  Entered at the Office.
Memorandum of Change required in the Route of any Stage Carriage.

Date.  Particulars of Change.  Entered at the Office.
No. 2.
*** This Licence, together with the Badge relating thereto, must be delivered up, if not renewed between the Day of and the Day of Driver or Conductor of [as the Case may be]. No. [Here insert the Date of the Act.]

Description.  Licence
Age           Years.            to of to act as Driver of licensed Carriages [or Conductor of Stage Carriages, as the Case may be,] within the Limits of the Dublin Metropolitan Police District, wearing the Badge No. [here insert the Manner of wearing Badge.]

Height        Feet     Inches.
Eyes
Hair
Complexion
Dated Day of Commissioner. [or, Signed by Authority of the Commissioners of Police, and dated this Day of as the Case may be].

Form of Endorsement of Change of Abode.
Date.  From  To  Entered at the Office.


[Preamble recites 55 Geo. 3. c. 19; 7 & 8 Vict. c. 67.]
[S. 1 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Duties and Penalties under 5 & 6 Vict. c. 79.                           2. . . . all duties imposed . . . for and in respect of passengers conveyed upon railways, by an Act of the fifth and sixth years of the reign of her Majesty, intituled “An Act to repeal the duties payable on stage carriages and on passengers conveyed upon railways, and certain other stamp duties in Great Britain, and to grant other duties in lieu thereof; and also to amend the laws relating to the stamp duties,” . . . all which several duties are declared by law to be duties of excise, and placed under the collection and management of the Commissioners of Excise, and all penalties, fines, and forfeitures imposed by the said recited Acts or any of them, or by any other Act or Acts of Parliament relating to the several duties or any of them, may, by order of the Commissioners of Excise, be collected, sued for, recovered, levied, mitigated, paid, and applied, as by the said, recited Acts or any of them, or by any of the Acts aforesaid, is directed, or by the same ways, means, and methods, and in like manner, and under the same general or special powers, provisions, regulations, and directions, as to appeal, and in all other respects, as any other duties of excise, or any fines, penalties, or forfeitures in such respect, are directed to be collected, sued for, recovered, levied, mitigated, paid, and applied, under the Excise Management Act, 1827, as amended by the Excise Management Act, 1834, (except so far as the same is afterwards repealed by this Act,) and as amended by any other Act or Acts relating to the collection and management of the duties of excise, . . .

may be collected and sued for, &c. under that Act,
or under 7 & 8 Geo. 4. c. 53, 4 & 5 Will. 4. c. 51, and amending Acts.

Limitation of informations for excise penalties.                        3. [Repeal of 4 & 5 Will 4. c. 51. s. 19. in part] . . . ; every information exhibited by order of the Commissioners of Excise for the recovery of any penalty imposed, or for the condemnation of any seizure made as forfeited, under or by virtue of any Act or Acts relating to any duties under the collection and management of the Commissioners of Excise or of the Commissioners of Customs, may be exhibited before the, . . . justice or justices of the peace at any time within six calendar months after the offence or offences alleged in such information have been committed, or the goods, commodities, chattels, or things therein alleged to have been forfeited have been seized, and all such proceedings shall be afterwards had thereupon as by law directed, anything in any other Act or Acts of Parliament to the contrary thereof notwithstanding.


[25th October, 2019]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Family Law Act 2019.
(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART 2
Amendments to Acts Relating to Family Law
Amendment of section 2 of Judicial Separation and Family Law Reform Act 1989
2. (1) Section 2 of the Act of 1989 is amended—
(a) in subsection (1) —
(i) in paragraph (d), by the deletion of “and the respondent consents to a decree being granted”, and
(ii) by the deletion of paragraph (e),
(b) in subsection (2) —
(i) in paragraph (b), by the deletion of “or (e)”, and
(ii) by the substitution of “living apart from one another” for “not living with each other”,
and
(c) in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) For the purposes of this section—
(i) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and
(ii) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.
(2) The amendments effected by subsection (1) shall apply to proceedings for the grant of a decree of judicial separation under the Act of 1989—
(a) that are instituted on or after the date this section comes into operation, or
(b) that have been instituted, and have not been concluded, prior to such date.
(3) In this section, “Act of 1989” means the Judicial Separation and Family Law Reform Act 1989 .

Amendment of section 5 of Family Law (Divorce) Act 1996
3. (1) Section 5 of the Act of 1996 is amended—
(a) in subsection (1)(a), by the substitution of “at least two years during the previous three years” for “at least four years during the previous five years”, and
(b) by the insertion of the following subsection after subsection (1):
“(1A) For the purposes of this section—
(a) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and
(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.
(2) The amendments effected by subsection (1) shall apply to proceedings for the grant of a decree of divorce under the Act of 1996—
(a) that are instituted on or after the date this section comes into operation, or
(b) that have been instituted, and have not been concluded, prior to such date.
(3) In this section, “Act of 1996” means the Family Law (Divorce) Act 1996 .

Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
4. (1) Section 110 of the Act of 2010 is amended by the insertion of the following subsection after subsection (1):
“(1A) For the purposes of this section—
(a) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the civil partners do not live together as a couple in an intimate and committed relationship, and
(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.
(2) Section 172(6) of the Act of 2010 is amended—
(a) by the substitution of “where the relationship concerned ends before the coming into operation of section 4 (2) of the Family Law Act 2019, an adult who” for “an adult who”, and
(b) in paragraph (b), by the substitution of “lived apart (which term shall, in this section, be construed in accordance with section 5 (1A) of the Family Law (Divorce) Act 1996 )” for “lived apart”.
(3) The amendment effected by subsection (1) shall apply to proceedings for the grant of a decree of dissolution under the Act of 2010—
(a) that are instituted on or after the date this section comes into operation, or
(b) that have been instituted, and have not been concluded, prior to such date.
(4) In this section, “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

PART 3
Recognition of Certain Divorces, Legal Separations and Marriage Annulments
Definitions and application (Part 3)
5. (1) In this Part—
“Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 20031 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as amended by Council Regulation (EC) No. 2116/2004 of 2 December 20042 amending Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as regards treaties with the Holy See;
“relevant jurisdiction” means—
(a) England and Wales,
(b) Scotland,
(c) Northern Ireland, or
(d) Gibraltar.
(2) Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986 shall not apply to a divorce to which section 6 or 7 applies.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar before coming into operation of section
6.A divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction that, prior to the coming into operation of this section, was recognised under the Council Regulation shall continue to be recognised.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar after coming into operation of section
7. (1) This section shall apply to a divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction on or after the coming into operation of this section.
(2) A divorce, legal separation or marriage annulment to which this section applies shall, subject to subsection (3), be recognised if, at the date of the institution of the proceedings relating to the divorce, legal separation or marriage annulment concerned, at least one of the following requirements is satisfied:
(a) the spouses were habitually resident in a relevant jurisdiction;
(b) the spouses were last habitually resident in a relevant jurisdiction, insofar as one of them still resided there;
(c) the respondent was habitually resident in a relevant jurisdiction;
(d) the applicant—
(i) was habitually resident in a relevant jurisdiction, and
(ii) had resided there for at least a year immediately prior to that date;
(e) either of the spouses was domiciled in a relevant jurisdiction.
(3) A divorce, legal separation or marriage annulment to which this section applies shall not be recognised—
(a) if such recognition is manifestly contrary to public policy,
(b) where the judgment in the proceedings relating to the divorce, legal separation or marriage annulment concerned (“the relevant judgment”) was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally,
(c) if the relevant judgment is irreconcilable with a judgment given in proceedings between the same parties in the State, or
(d) if the relevant judgment is irreconcilable with an earlier judgment given in a state other than the State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State.

1 O.J. No. L338, 23.12.2003, p. 1
2 O.J. No. L367, 14.12.2004, p. 1


[5th July, 2021]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act, “Act of 2009” means the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 .

Amendment of section 4 of Act of 2009
2. Section 4 of the Act of 2009 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) An amendment of a relevant provision amended by section 2 or 2A that would have the effect of increasing the remuneration payable to a public servant may only be made, and shall have such effect—
(a) where—
(i) the amendment is made by the Minister, including where it is made for a purpose referred to in paragraph (b), and
(ii) the relevant provision is not—
(I) a provision of an Act of the Oireachtas, or
(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the Minister,
or
(b) where—
(i) the amendment is made by a person (other than the Minister)—
(I) for the purposes of complying with any order of a court in respect of which there is no stay in being, or
(II) for the purposes of complying with any enforceable determination of the Labour Court in respect of which there is no stay in being,
and
(ii) the relevant provision is not—
(I) a provision of an Act of the Oireachtas, or
(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the person first-mentioned in subparagraph (i).”,
and
(b) in subsection (3), by the substitution of “subsection (2)(b)(i)” for “subsection (2)”.

Amendment of section 5 of Act of 2009
3. Section 5 of the Act of 2009 is amended, in subsection (2), by the insertion of “, in respect of a period falling between 1 January 2010 and the date on which the Public Service Pay Act 2021 comes into operation,” after “pays remuneration to a public servant”.

Amendment of section 16A of Ministers and Secretaries (Amendment) Act 2011
4. Section 16A of the Ministers and Secretaries (Amendment) Act 2011 is amended—
(a) in subsection (10), by the substitution of “Subject to subsection (10A), this section” for “This section”, and
(b) by the insertion of the following subsection after subsection (10):
“(10A) Where a contract of employment is amended in accordance with section 4 (2) of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 —
(a) by the amendment or substitution of an existing term or condition of the contract, or
(b) by the insertion of a new term or condition in the contract,
this section shall not apply to the term or condition as so amended, substituted or inserted, as the case may be.”.

Short title
5. This Act may be cited as the Public Service Pay Act 2021.