Social Welfare and Pensions Act 2011

13.

Amendment of section 250 of Principal Act.

13.— Section 250 of the Principal Act is amended—

(a) in subsection (3), by substituting the following paragraph for paragraph (e):

“(e) for the purposes of answering or clarifying any questions that the social welfare inspector may have consequent on the inspection of the premises or place, to summon—

(i) the occupier of the premises or place,

(ii) any person who is or has been employing persons there,

(iii) such person as may be designated by the occupier or employer as competent to answer or clarify any such questions,

(iv) any employee of a person referred to in subparagraph (i) or (ii), or

(v) any person found in the premises or place who the social welfare inspector has reasonable cause to believe to be or to have been an insured person,

to attend at that premises or place or at an office of the Minister, at any reasonable time specified, by written notice, and sent or given to him or her by—

(I) delivering it to the person,

(II) leaving it at the said premises or place,

(III) leaving it at the address at which the person ordinarily resides,

(IV) sending it by post in a prepaid registered letter to the said premises or place, or

(V) sending it by post in a prepaid registered letter to the address at which the person ordinarily resides.”,

(b) by substituting the following subsections for subsections (11) and (12):

“(11) Where a person is required by subsection (4) to produce records required under regulations made under section 17(5), he or she shall, on the request of a social welfare inspector, produce those records at—

(a) the person’s principal place of business,

(b) the address at which the person ordinarily resides, or

(c) an office of the Minister.

(12) If a person fails to comply with a request to produce records under subsection (11), a social welfare inspector may issue a written request for those records, addressed to the person concerned, by sending it by post in a prepaid registered letter to—

(a) the person’s principal place of business, or

(b) the address at which the person ordinarily resides.

(12A) A person who fails to comply with a written request to produce records under subsection (12) within 21 days following the date of issue of that request is guilty of an offence.

(12B) For the purposes of this section, a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.”,

and

(c) by substituting the following subsection for subsection (16):

“(16) For the purposes of ensuring compliance with this Act, a social welfare inspector may, if accompanied by a member of the Garda Síochána in uniform, or an officer of the Customs and Excise in uniform—

(a) stop any vehicle, and

(b) on production of his or her certificate of appointment where so requested—

(i) question and make enquiries of any person in the vehicle or in the vicinity of the vehicle, and

(ii) require such person, where the social welfare inspector reasonably suspects that the vehicle is being used in the course of employment or self-employment, to give to the social welfare inspector any record relating to the employment or self-employment of such person which such person has possession of in the vehicle.”.