Social Welfare and Pensions Act 2010

27.

Status of persons engaged in work experience pursuant to certain placements.

27.— The Principal Act is amended—

(a) by inserting the following section after section 247:

“Disqualification for benefit while participating in certain employment programmes.

247A.— A person shall be disqualified for receiving—

(a) any benefit specified in section 39(1), other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed parent grant,

(b) any assistance specified in section 139(1), other than a widowed parent grant, or

(c) infectious diseases maintenance allowance,

while he or she is engaged by another person to carry out work or perform any duty or service pursuant to a placement under the programme referred to in paragraph (b) of subsection (1) of section 298A (inserted by section 27(b) of the Social Welfare and Pensions Act 2010).”,

(b) by inserting the following Part after Part 9:

“PART 9A

Status of Persons Participating in Certain Employment Programmes

Status of persons engaged in work experience pursuant to certain placements.

298A.— (1) A person who is engaged by another person to carry out work or perform any duty or service pursuant to a placement under—

(a) the work placement programme within the meaning of subsection (3) of section 142B,

(b) the programme described as the skills development and internship programme approved by the Government on 18 November 2010, or

(c) any variation, extension or replacement of a programme referred to in paragraph (a) or (b),

shall, for the purposes of any enactment or rule of law (other than the Safety, Health and Welfare at Work Act 2005), be deemed not to be an employee of the other person or to carry out such work or perform such duties pursuant to a contract of service.

(2) The Minister shall, for the purposes of any enactment or rule of law, be deemed not to be the employer of the person first-mentioned in subsection (1).”,

(c) by inserting the following paragraph in Rule 2 of Part 4 of Schedule 3:

“(aa) any income paid by the person second-mentioned in subsection (1) of section 298A,”.