Social Welfare and Pensions Act 2011

16.

National internship scheme — amendments to Principal Act.

16.— (1) Section 2(2)(a) (amended by section 15 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended in subparagraph (v) by inserting “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme” after “the Industrial Training Act 1967”.

(2) Section 247A (inserted by section 27 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended—

(a) by inserting “during any week or part of a week” before “while he or she is engaged”, and

(b) by substituting “the scheme referred to in section 298A(1)(b) (inserted by section 16 of the Social Welfare and Pensions Act 2011)” for “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)”.

(3) Section 298A (inserted by section 27 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended by substituting the following subsection for subsection (1):

“(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 scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme, or

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

shall, for the purposes of any enactment or rule of law (other than the Tax Acts and 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.”.

(4) Rule 2 of Part 4 of Schedule 3 to the Principal Act is amended—

(a) by substituting the following paragraph for paragraph (a):

“(a) income arising from such employment or training or participation or placement in such scheme or programme as is prescribed,”,

and

(b) by deleting paragraph (aa) (inserted by section 27 of the Social Welfare and Pensions Act 2010).

(5) Schedule 3 to the Principal Act is amended in paragraph 13 of Table 2 by inserting “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme” after “the Industrial Training Act 1967”.

(6) The Principal Act is amended in the manner specified in the Table to this section.

TABLE

Amendments to Principal Act

Provision affected

(1)

Amendment

(2)

Section 2(2)( a)(v)

Delete “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme”

Section 2(2)( a)(vii)

( a) Substitute the following clause for clause (IV):

“(IV) Part-Time Job Incentive, or”, and

( b) Insert the following clause after clause (IV):

“(V) the national internship scheme,”

Section 298A(1)( b)

Substitute “administered by the Minister” for “administered by An Foras Áiseanna Saothair”

Schedule 3, Table 2, reference 12

( a) Substitute the following paragraph for paragraph (d):

“(d) Part-Time Job Incentive, or”, and

( b) Insert the following paragraph after paragraph (d):

“(e) the national internship scheme;”

Schedule 3, Table 2, reference 13

Delete “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme”