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Seanad Éireann SEANAD ÉIREANN AN BILLE LEASA SHÓISIALAIGH AGUS PINSEAN (FORÁLACHA ILGHNÉITHEACHA), 2013 SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) BILL 2013 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 54a of 2013] [19 June, 2013] SEANAD ÉIREANN AN BILLE LEASA SHÓISIALAIGH AGUS PINSEAN (FORÁLACHA ILGHNÉITHEACHA), 2013 —AN COISTE SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) BILL 2013 —COMMITTEE STAGE Leasuithe Amendments SECTION 3 1. In page 6, between lines 1 and 2, to insert the following: “3. Any employer who has had a finding made against them of unfair dismissal under the Unfair Dismissals Acts 1977 to 2007, shall reimburse the state the cost of the unfairly dismissed former employee’s social welfare payments for the period of time between the date of the former employee’s dismissal and the date on which the finding is made against the employer under the aforementioned Acts.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. 2. In page 6, between lines 1 and 2, to insert the following: “3. Persons reaching the age of 65 and in receipt of jobseeker’s allowance shall be exempt from the requirement to actively seek employment and this shall not effect their entitlement to payment until they qualify for receipt of a State pension (Contributory or Non-Contributory).”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 6 3. In page 7, between lines 29 and 30, to insert the following: “Social Welfare Appeals 6. The Social Welfare Appeals Office shall ensure that all appeals are processed and responded to within 21 days of receipt of the application to appeal a decision.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. Section opposed. —Senator Paschal Mooney. SECTION 7 4. In page 13, between lines 18 and 19, to insert the following: “Amnesty for Overpayments 7. (1) The purpose of the amnesty is— [No. 54a of 2013] [19 June, 2013] [SECTION 7] (a) to encourage a person to notify the Department if the person is incorrectly or improperly obtaining a benefit from the Department, (b) to encourage a person to notify the Department of any change in the person’s circumstances that removes or reduces the person’s entitlement to a benefit from the Department, and (c) to protect any such person from prosecution or civil proceedings in respect of the matters notified before the end of the amnesty period. (2) A person cannot be prosecuted for a fraud offence in respect of any conduct that would constitute such an offence if the person notifies the Department of the person’s conduct— (a) before the end of the amnesty period, and (b) before the Department has commenced an investigation into the conduct. (3) If a person notifies the Department in accordance with subsection (2), no action or proceedings may be brought by the Department to recover any penalty, damages or other monies from the person in respect of— (a) the conduct constituting the fraud offence that occurred before the notification, or (b) the benefit that the person incorrectly or improperly obtained, as a result of that conduct, from the Department before the notification. (4) A person may notify the Department in person, by recorded post or email and shall be issued with a receipt of this notification by the Department. (5) The onus of proving that a notification took place for the purposes of this section is on the person who made the notification. (6) This section does not apply to any prosecution or to any action or proceeding commenced before the commencement of this section. (7) Nothing in this section prevents the Department from varying, cancelling or refusing to grant any benefit as a result of any notification given under this section. (8) As soon as may be after the end of the amnesty, but not later than 6 months thereafter, the Department shall make a report which shall be referred to the Oireachtas Joint Committee on Education and Social Protection and the Minister on the outcome of the amnesty. (9) This report shall include— (a) the number of people who made a notification under amnesty for overpayments (b) the number and value of irregular benefit payments identified as a consequence of such notifications, (c) the estimated control saving arising from the amnesty, and (d) any other information that the Department considers relevant. (10) The Minister shall by order appoint a day to be the establishment day for the purposes 2 [SECTION 7] of the social welfare amnesty in this section of this Act and the day will be no more than two months following the passage of the Act. (11) The Minister shall by order appoint a day upon which the amnesty shall commence. (12) Where regulations are proposed to be made under this Act, a draft of the regulations shall be laid before both Houses of the Oireachtas, and the regulations shall not have effect until a resolution approving the draft has been passed by each such House. (13) The Minister may propose such regulations as are necessary for the purposes of the amnesty.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 9 5. In page 14, between lines 21 and 22, to insert the following: “9. The Back to School Clothing and Footwear Allowance payment shall be made at a rate of €250 for children aged 12 to 17 or aged 18 to 22 and in full-time education and €150 for children aged 4 to 11.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. 6. In page 15, between lines 4 and 5, to insert the following: “(4) Retained firefighters who have previously applied for a jobseeker’s payment before the enactment of this Bill and have not had their claim approved shall be assessed on their current application.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 10 7. In page 15, between lines 4 and 5, to insert the following: “10. A Cost of Education Allowance of €300 will be paid to new and existing Back to Education Allowance participants in 2013.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 11 8. In page 17, between lines 35 and 36, to insert the following: “(6) Recipients of any Public Services Card shall not be subject to a charge for the issue of such card.”.”. —Senator Paschal Mooney. SECTION 12 Section opposed. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 13 Section opposed. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. 3 [SECTION 14] SECTION 14 Section opposed. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 15 9. In page 30, between lines 18 and 19, to insert the following: “ ‘days’ refers to working days for the purposes of this Act.”. —Senators Katherine Zappone, Jillian van Turnhout. 10. In page 30, after line 38, to insert the following: “ ‘overpayment’ means any Social Welfare assistance or benefit payment received by a person as a result of an error on the part of the Department or as a result of fraud on the part of the overpaid person.”. —Senators Katherine Zappone, Jillian van Turnhout. 11. In page 32, line 10, to delete “person.” and substitute the following: “person; (h) any other debts owed by the overpaid person.”. —Senators Katherine Zappone, Jillian van Turnhout. 12. In page 32, between lines 23 and 24, to insert the following: “(2) The Minister shall, in deciding to give a notice under subsection (3), establish a fair and transparent procedure for examination of any representations made by an overpaid person and ensure that— (a) due consideration is given to any response received from the overpaid person under subsection (1); (b) due process is followed; (c) the rules of natural justice are applied; and (d) the right of the overpaid person to be heard is vindicated.”. —Senators Katherine Zappone, Jillian van Turnhout. 13. In page 33, line 13, after “196” to insert “whichever is the lesser amount”. —Senators Katherine Zappone, Jillian van Turnhout. Section opposed. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 17 14. In page 39, after line 39, to insert the following: “17. Section 221 of the Principal Act is amended by the insertion of a new subsection (9) as follows: “(9) Child benefit in respect of a child resident in an EU country other than 4 [SECTION 17] in Ireland shall be paid at the rate of child benefit that applies in that EU country.”.”. —Senator Paschal Mooney. SECTION 22 15. In page 42, to delete line 4 and substitute the following: “ “ ‘An Chomhairle na Pinsean’, or in the English language, ‘Pensions Council’ means the body established by section 26B;”.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 26 16. In page 42, lines 19 to 21, to delete all words from and including “, in” in line 19 down to and including “Pinsean.” in line 21 and substitute “as An tÚdarais Pinsean or, in the English language, the Pensions Authority.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. SECTION 29 17. In page 43, lines 21 to 23, to delete all words from and including “, in” in line 21 down to and including “section.” in line 23 and substitute the following: “as An Chomhairle Pinsean or, in the English language, the Pensions Council to perform the functions assigned to it by this section.”. —Senators David Cullinane, Kathryn Reilly, Trevor Ó Clochartaigh. 18. In page 43, between lines 26 and 27, to insert the following: “(3) The Pensions Council shall advise the Minister as to how pension fund costs can be reduced.”. —Senator Paschal Mooney. 19. In page 43, to delete line 29 and substitute the following: “(b) not fewer than 9 and not more than 12 ordinary members, not less than one third of which shall be female and two thirds male, or not less than one third male and two thirds female.”.
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