Social Welfare Consolidation Act 2005

195B

F1110[Refusal or failure to participate in prescribed schemes, programmes or courses relating to supplementary welfare allowance

195B. (1) Where

(a) as a consequence of attendance for or submission to an assessment in accordance with section 195A(3)(b), a request is made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances, and

(b) that person refuses or fails, without good cause, to participate in, agree to participate in or avail himself or herself of an opportunity of participating in such a scheme, programme or course, as the case may be,

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 F1111[(1A) or, as the case may be, (2A) of section 197].

(2) Where supplementary welfare allowance is paid to a person at the weekly rate set out in subsection F1111[(1A) or, as the case may be, (2A) of section 197] on account of a refusal or failure referred to in subsection (1)

(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 attend for or submit to an assessment of that persons education, training or development needs, or

(b) a request may be made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in

(i) any scheme or programme of employment or work experience, or

(ii) a course of education, training or development,

which is prescribed for the purposes of this section and which is considered appropriate having regard to the education, training and development needs of that person and his or her personal circumstances.

(3) Where a person refuses or fails, without good cause, to

(a) comply with the requirement specified in the notice under subsection (2)(a) 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, or

(b) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

that person may, subject to subsection (4), be disqualified for receiving the weekly amount of supplementary welfare allowance as provided for in sections 196 and 197 for any period of such refusal or failure commencing on

(i) the date specified in the notice under subsection (2)(a), or

(ii) the date of refusal or failure to participate in, to agree to participate in or to avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, but such period of disqualification shall, subject to subsection (5), not exceed 9 weeks.

(4) Where the weekly amount of supplementary welfare allowance payable to a person to whom subsection (3) 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 (3) shall not apply in respect of the receipt of such increase of supplementary welfare allowance.

(5) Nothing in this section shall prevent the provisions of subsections (1) to (4) being applied to a person where, on or after the expiration of such period of disqualification as is applied in accordance with subsection (3)

(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 (2)(a), or

(b) a request has been made by or on behalf of the Minister to that person to participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in subsection (2)(b),

as the case may be, and that person continues, without good cause, to refuse or fail to

(i) comply with the requirement specified in the notice under paragraph (a) 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, or

(ii) participate in, agree to participate in or avail himself or herself of an opportunity of participating in any scheme, programme or course referred to in paragraph (b).]

Annotations

Amendments:

F1110

Inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 14(1), commenced on enactment.

F1111

Substituted (6.01.2020) by Social Welfare (No. 2) Act 2019 (48/2019), s. 10(1)(b), commenced as per subs. (2).

Editorial Notes:

E1205

Power pursuant to subs. (1)(a) exercised (6.10.2014) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 4) (Prescribed Employment Schemes) Regulations 2014 (S.I. No. 441 of 2014), art. 3—which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 8A—in effect as per art. 2.

E1206

Power pursuant to subs. (1)(a) exercised (15.07.2013) by Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 3) (Prescribed Activation Measures) Regulations 2013 (S.I. No. 258 of 2013), art. 2, which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 8A.