Social Welfare Consolidation Act 2005

Exchange of information.

[1993 s222(1)]

261

261.F1530[(1) Information held by the Minister for the purposes of this Act (including the purpose of collection by the Revenue Commissioners of employment and self-employment contributions and contributions under Chapter 5A or 5B of Part 2) may be transferred by the Minister to the Revenue Commissioners, and

(a) information held by the Revenue Commissioners for the purposes of this Act or the Income Tax Acts relating to

(i) employers,

(ii) reckonable earnings of employed contributors,

(iii) reckonable income or reckonable emoluments of self-employed contributors,

(iv) remuneration of persons to whom Chapter 5A of Part 2 applies,

(v) income of persons to whom Chapter 5B of Part 2 applies, or

(vi) any payments made under this Act,

or

(b) information contained in declarations made in accordance with Regulation 3 of the Income Tax (Relevant Contracts) Regulations 2000 (S.I. No. 71 of 2000),

may be transferred by the Revenue Commissioners to the Minister.]

[1993 s222(2)]

(2) Information held by the Minister for the purposes of this Act or the control of schemes administered by or on behalf of the Minister or the Department of Social and Family Affairs may be transferred by the Minister to another Minister of the Government or a specified body, and information held by another Minister of the Government or a specified body which is required for those purposes or the control of any such scheme administered by another Minister of the Government or a specified body may be transferred by that Minister of the Government or the specified body to the Minister.

F1531[(2A) Information held by the Minister for the purpose of this Act or the control of schemes administered by or on behalf of the Minister or the Department of Social and Family Affairs may be transferred by the Minister to

(a) the competent authority of a Member State other than the State, or

(b) an international organisation, any other state or government or the proper authority under any other government in respect of which an order has been made under section 287.]

F1532[(2B) Information held by the Minister for the purposes of this Act or the control of schemes administered by or on behalf of the Minister or the Department of Social Protection may be transferred by the Minister to a payment service provider, and information held by a payment service provider which is required for those purposes or the control of any such scheme administered by a payment service provider may be transferred by the payment service provider to the Minister.]

[1993 s222(3); 2005 (SW&P) s23 & Sch 1]

(3) In subsection (2) “specified body” means a local authority, the Executive, the Garda Síochána or any other body established—

(a) by or under any enactment (other than the Companies Acts 1963 to 2005), or

(b) under the Companies Acts 1963 to 2005, in pursuance of powers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government and a subsidiary of any such body.

Annotations

Amendments:

F1530

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 6(6), commenced on enactment.

F1531

Inserted (21.12.2009) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 18, commenced on enactment.

F1532

Inserted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 3(d), commenced on enactment.

F1533

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 197, S.I. No. 174 of 2018.

F1534

Deleted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(a), S.I. No. 550 of 2020.

F1535

Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(b), S.I. No. 357 of 2015.

F1536

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 21, S.I. 648 of 2010.

F1537

Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(b), S.I. No. 357 of 2015.

F1538

Substituted (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 106, S.I. No. 338 of 2008.

Modifications (not altering text):

C107

Functions conferred under subs. (2) excluded (16.05.2024) from scope of general transfer effected by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 10(2) and sch. 1 part 2, S.I. No. 207 of 2004. Subs. (2) excluded also (16.05.2024) from general ambit of Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10(2), 26(3) and sch. 1 part 2, S.I. No. 207 of 2004.

Functions of Mayor

10. ...

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

...

Director general

26. ...

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

...

SCHEDULE 1

...

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 26 of 2005

Social Welfare Consolidation Act 2005

Sections 261(2), 269, 290A(5); Part 12.

...

...

...

C108

Exchange of information of the type dealt with in subs. (1) further provided for (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 28(17), commenced on enactment.

Covid-19: temporary wage subsidy provisions

28. ...

(17) Notwithstanding any obligation imposed on the Revenue Commissioners under section 851A of the Act or any other enactment in relation to the confidentiality of taxpayer information (within the meaning of that section) or any obligation imposed on the Minister for Employment Affairs and Social Protection under the Social Welfare Acts or any other enactment in relation to the confidentiality of information relating to employers and insured persons or other persons entitled to benefits or assistance under those Acts, information relevant to the effective operation of this section may be exchanged between the Minister for Employment Affairs and Social Protection and the Revenue Commissioners.

C109

Exchange of information of the type dealt with in subs. (2) further provided for (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), art. 24(2), in effect as per art. 1(2). {Note: regarding the term "the Minister" see also Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), art. 3(1)(b) and sch. 2, in effect (14.10.2020) as per art. 1(2).}

Data Protection

24. ...

(2) The Minister, the Minister for Employment Affairs and Social Protection and the Revenue Commissioners may disclose to one another relevant personal data, where such disclosure is necessary to allow the person to whom the data are disclosed to assess the means of a recipient and the entitlements of the recipient under these Regulations.

(3) The Minister may, on request by a person to whom paragraph (5) applies, provide that person with information as to whether a particular person is the holder of a labour market access permission, and, if so, the period of validity of the permission concerned.

(4) A person to whom paragraph (5) applies may disclose to any other person to whom that paragraph applies relevant personal data, where such disclosure is necessary to allow the person to whom the data are disclosed to assess whether the recipient concerned—

(a) is vulnerable,

(b) is a recipient with special reception needs, or

(c) is entitled to a service or benefit provided by the person to whom the data are disclosed.

(5) The persons to whom this paragraph applies are—

(a) the Minister,

(b) the Minister for Employment Affairs and Social Protection,

(c) the Minister for Education and Skills,

(d) the Minister for Health,

(e) the Health Service Executive,

(f) the Revenue Commissioners, and

(g) any other person providing a recipient with a service for the purpose of the provision to the recipient of reception conditions.

(6) Where a determination is made under Regulation 21, the Minister may provide a Minister of the Government or the Health Service Executive with that determination where the determination is likely to affect the performance by that Minister of his or her, or by the Health Service Executive of its, functions.

C110

Exchange of information of the type dealt with in subs. (2) further provided for (11.01.2016) by Fines (Payment and Recovery) Act 2014 (7/2014), s. 23, commenced on enactment.

Data sharing and exchange

23. (1) Notwithstanding any enactment or rule of law, a relevant person shall, upon a request from a court, provide the court with such information in the possession or control of the relevant person as the court may reasonably require for the purpose of enabling the court to perform its functions under this Act in relation to recovery orders or attachment orders.

(2) In this section “relevant person” means—

...

(b) the Minister for Social Protection, or

...

C111

Exchange of information of the type dealt with in subs. (2) further provided for (13.07.2015) by Health Identifiers Act 2014 (15/2014), s. 8, S.I. No. 294 of 2015.

Provision of other identifying particulars by Minister of Government

8. A Minister of the Government may, solely for the purpose of establishing, or maintaining the accuracy of, the National Register of Individual Health Identifiers, provide the Minister with an individual’s other identifying particulars and the Minister may use any such particulars so provided for that purpose.

C112

Exchange of information of the type dealt with in subs. (2) further provided for (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 55, S.I. No. 404 of 2014.

Data sharing and exchange

55. (1) Notwithstanding any enactment or rule of law—

(a) a relevant person shall, upon a request from a housing authority, provide the housing authority with such information in the possession or control of the relevant person or, where the relevant person is a body corporate, any subsidiary (within the meaning of section 155 of the Companies Act 1963) of the relevant person as the housing authority may reasonably require for the purpose of enabling the housing authority to perform its functions under the Housing Acts 1966 to 2014, and

(b) a housing authority shall, at such intervals as a relevant person may specify, provide the relevant person with such information obtained by the housing authority pursuant the Housing Acts 1966 to 2014, including tax reference numbers, as the relevant person may reasonably require for the purpose of enabling such person to perform functions under a specified enactment.

(2) In this section—

“relevant person” means, as the context may require—

(a) the Minister for Social Protection,

...

“specified enactment” means—

(a) in relation to the Minister for Social Protection, the Social Welfare Acts,

...

“tax reference number” means—

(a) in relation to an individual, that individual’s personal public service number (within the meaning of section 262 of the Act of 2005), or

...

C113

Exchange of information of the type dealt with in subs. (2A) further provided for (25.03.2014) by European Union (Transfer of Pension Rights to and from Pension Scheme of European Union’s Institutions) Regulations 2014 (S.I. No. 153 of 2014), art. 5, in effect as per art. 2.

Provision of information by Minister to European Pension Services.

5. (1) For the purposes of Article 11(2) of Annex VIII to the Staff Regulations, the Minister shall, whenever requested, provide the following information to the European Pension Services in relation to the pension rights of a relevant person acquired under the Social Welfare Acts—

(a) the period during which that person has contributions to which this article applies,

(b) the capital value of the pension rights acquired by virtue of those contributions, calculated in accordance with article 6, and

(c) the capital value of the pension rights referred to in paragraph (b), adjusted in accordance with article 7.

(2) This article applies to—

(a) self-employment contributions,

(b) voluntary contributions, and

(c) employment contributions that are reckoned as qualifying contributions for the purposes of the contribution conditions for entitlement to any one or more of the pensions specified in sub-article (3),

where those contributions have been paid by or on behalf of an insured person before that person becomes a relevant person.

(3) The following pensions are specified for the purposes of sub-article (2)(c)—

(a) State pension (contributory) under Chapter 15 of Part 2 of the Principal Act,

(b) State pension (transition) under Chapter 16 of Part 2 of the Principal Act, and

(c) widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension under Chapter 18 of Part 2 of the Principal Act.

C114

Exchange of information of the type dealt with in subs. (2) further provided for (19.04.2013) by Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013), s. 8, S.I. No. 133 of 2013; amended (25.05.2018) by Data Protection Act 2018 (7/2018), s. 223, S.I. No. 174 of 2018.

Furnishing of personal data to and by Health Service Executive in certain circumstances.

8.—(1) The Health Service Executive may request—

(a) the Minister for Social Protection, or

...

to furnish to it personal data held by that Minister of the Government … when it requires the personal data for the purpose of assessing or reviewing the eligibility of persons for services provided under the Health Acts 1947 to 2013.

(2) The Minister for Social Protection may request the Health Service Executive to furnish to him or her personal data held by the Health Service Executive when he or she requires the personal data for the purpose of calculating the means of persons to assess or review the entitlement of such persons to the receipt of benefits and services provided under the Social Welfare Acts.

...

(11) Nothing in this section shall affect the operation of section 261 or 265 of the Social Welfare Consolidation Act 2005.

C115

Exchange of information of the type dealt with in subs. (2) further provided for (5.12.2005) by Civil Registration Act 2004 (3/2004), s.66(1)(e)(i), S.I. No. 764 of 2005.

Power of Ard- Chláraitheoir to give information to others.

66.—(1) F1533[Notwithstanding anything contained in any other enactment, but subject to the Data Protection Regulation and the Data Protection Act 2018, an tArd-Chláraitheoir may] F1534[] give such information as may be prescribed in relation to births, F1536[marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership], registered under this Act or under any of the repealed enactments to—

...

(e) the Minister for Social and Family Affairs for the purpose of—

(i) determining entitlement to, or control of, benefit under the F1537[Social Welfare Consolidation Act 2005], or

(ii) F1535[section 262] of that Act,

...

C116

Exchange of information of the type dealt with in subs. (2) further provided for (11.10.1996) by Criminal Assets Bureau Act 1996 (31/1996), s. 8(7)(d), commenced on enactment.

Bureau officers.

8.—(1) ...

(7) F1538[Subject to section 5(1), any information] or material obtained by a bureau officer for the purposes of this Act may only be disclosed by the bureau officer to—

...

(d) any officer of the Minister for Social Welfare for the purposes of the Social Welfare Acts, or

...

and information, documents or other material obtained by a bureau officer or any other person under the provisions of this subsection shall be admitted in evidence in any subsequent proceedings.

Editorial Notes:

E1786

Previous affecting provision: exchange of information of the type dealt with in subs. (2) further provided for (1.01.2012) by Local Government (Charges) Act 2009 (30/2009), s. 11(1)(a), as substituted by Local Government (Household Charge) Act 2011 (36/2011), s. 19(1)(l), commenced as per s. 19(3); repealed (31.03.2025) by Local Government Reform Act 2014 (1/2014), s. 73(1)(d).

E1787

Previous affecting provision: exchange of information of the type dealt with in subs. (2) further provided for (19.12.2011) by Local Government (Household Charge) Act 2011 (36/2011), s. 14(1)(a), commenced on enactment; repealed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 73(3)(b), S.I. No. 214 of 2014.

E1788

Previous affecting provision: subs. (1) amended (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 31(a), commenced on enactment; substituted (28.06.2013) as per F-Note above.