Social Welfare Consolidation Act 2005
F1108[Refusal or failure to attend activation meetings relating to supplementary welfare allowance
195A. (1) Notice may be given by or on behalf of the Minister to any person receiving supplementary welfare allowance requesting the person, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3).
(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (1) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of supplementary welfare allowance payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out in subsection F1109[(1A) or, as the case may be, (2A) of section 197].
(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—
(a) attend at a meeting arranged by or on behalf of the Minister for the purpose of providing information to that person which is intended to improve his or her knowledge of the employment, work experience, education, training and development opportunities available to that person, or
(b) attend for or submit to an assessment of that person’s education, training or development needs.
(4) Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection F1109[(1A) or, as the case may be, (2A) of section 197] on account of a refusal or failure to comply with the requirement specified in the notice under subsection (1) for a period of not less than 21 days, notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with that requirement.
(5) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice under subsection (4) at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, that person may, subject to subsection (6), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 for any period of continued refusal or failure commencing on the date specified in the notice under subsection (4), but such period of disqualification shall, subject to subsection (7), not exceed 9 weeks.
(6) Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (5) applies includes an increase in respect of—
(a) a qualified adult in accordance with section 197(1)(a), or
(b) a qualified child in accordance with section 197(1)(b),
the disqualification provided for in subsection (5) shall not apply in respect of the receipt of such increase of supplementary welfare allowance.
(7) Nothing in this section shall prevent the provisions of subsections (1) to (6) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (5)—
(a) notice has been given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement referred to in subsection (1), and
(b) that person continues, without good cause, to refuse or fail to comply with that requirement.
(8) Where, on the commencement of section 14 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, supplementary welfare allowance is being paid to a person at the weekly rate set out in subsection F1109[(1A) or, as the case may be, (2A) of section 197] for a period of not less than 21 days—
(a) a notice may be given by or on behalf of the Minister to that person requesting him or her, at the time specified in the notice, to comply with the requirement specified in paragraph (a) or (b) of subsection (3), and
(b) subsections (4) to (7) shall apply to that person where he or she refuses or fails, without good cause, to comply with that requirement at or after the time specified in the notice under paragraph (a), or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person.]
Annotations
Amendments:
F1108
Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(1), commenced on enactment.
F1109
Substituted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 10(1)(a), commenced as per subs. (2).
Editorial Notes:
E1203
Previous affecting provision: section inserted (3.01.2011) by Social Welfare Act 2010 (34/2010), s. 9(1), S.I. No. 679 of 2010; substituted (28.06.2013) as per F-Note above.
E1204
Previous affecting provision: section inserted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 20(1), not commenced; repealed (29.12.2010) by Social Welfare Act 2010 (34/2010), s. 10, S.I. No. 679 of 2010.
