Social Welfare and Pensions Act 2005


Number 4 of 2005


SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 12 April 2017


This Revised Act is an administrative consolidation of Social Welfare and Pensions Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 4 of 2005


SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 12 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Pensions Acts 1990 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Social Welfare and Pensions Act 2015 (47/2015), s. 1(3)). The Acts in this group are:

Pensions Act 1990 (25/1990)

Pensions (Amendment) Act 1996 (18/1996)

Pensions (Amendment) Act 2002 (18/2002)

Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 24

Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), ss. 22 and 23

Equality Act 2004 (24/2004), Part 4

Social Welfare and Pensions Act 2005 (4/2005), ss. 27-39

Social Welfare Law Reform and Pensions Act 2006 (5/2006), ss. 38-44

Social Welfare and Pensions Act 2007 (8/2007), s. 37

Social Welfare and Pensions Act 2008 (2/2008), ss. 26-29

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 24

Social Welfare And Pensions Act 2009 (10/2009), Part 5

Social Welfare And Pensions (No. 2) Act 2009 (43/2009), Part 3

Social Welfare and Pensions Act 2010 (37/2010), Part 5

Social Welfare and Pensions Act 2011 (9/2011), Part 4

Social Welfare and Pensions Act 2012 (12/2012), Part 3

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 4

Social Welfare and Pensions Act 2013 (38/2013), Part 4

Social Welfare and Pensions (No. 2) Act 2013 (49/2013), Part 3

Social Welfare and Pensions Act 2014 (16/2014), Part 3

Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 4

Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 2

Social Welfare and Pensions Act 2015 (47/2015), Part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Social Welfare Consolidation Act 2005 (26/2005)

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions Act 2005 (Part 3) (Commencement) Order 2005 (S.I. No. 591 of 2005)

Social Welfare and Pensions Act 2005 (Section 7 (1)) (Commencement) Order 2005 (S.I. No. 230 of 2005)

Social Welfare and Pensions Act 2005 (Sections 38 & 39) (Commencement) Order 2005 (S.I. No. 187 of 2005)

Social Welfare and Pensions Act 2005 (Sections 16, 24, 25 and 26) (Commencement) Order 2005 (S.I. No. 182 of 2005)

All statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this revision.


Number 4 of 2005


SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 12 April 2017


ARRANGEMENT OF SECTIONS

PART 1

Short Title, Construction, Collective Citation and Commencement

Section

1.

Short title, construction, collective citation and commencement.

PART 2

Amendments to the Social Welfare Acts

2.

Definitions ( Part 2). (repealed)

3.

Child benefit — new rates. (repealed)

4.

Disability benefit. (repealed)

5.

Injury benefit — removal of limit. (repealed)

6.

Carer's benefit — improvement to entitlement conditions. (repealed)

7.

Respite care grant — improvements to entitlement conditions. (repealed)

8.

Disability allowance — extension of payment. (repealed)

9.

Assessment of capital means for certain assistance payments. (repealed)

10.

Certain EU payments — entitlement to island allowance. (repealed)

11.

Amendments consequential on the alignment of the income tax year with the calendar year. (repealed)

12.

Unemployment benefit and unemployment assistance — amendment to entitlement. (repealed)

13.

Unemployment benefit, unemployment assistance and farm assist — amendment to disqualifications. (repealed)

14.

Carer's benefit and carer's allowance — amendment. (repealed)

15.

Personal public service number — extension of provisions. (repealed)

16.

Award of bereavement grant and payments after death in certain cases. (repealed)

17.

Provisions relating to prosecutions. (repealed)

18.

Amendment of section 2 of Principal Act (interpretation). (repealed)

19.

Orphan's (contributory) allowance and orphan's (non-contributory) pension — amendments. (repealed)

20.

Assessment of means — amendments. (repealed)

21.

Recovery of overpayments. (repealed)

22.

Old age (contributory) pension — amendment to definition of “homemaker”. (repealed)

23.

Amendments to Principal Act consequential on Health Act 2004. (repealed)

24.

Third Schedule to Principal Act (Rules as to calculation of means). (repealed)

25.

Amendments consequential on section 24. (repealed)

26.

Pre-consolidation amendments to Principal Act. (repealed)

PART 3

Amendments to the Pensions Act 1990

27.

Definitions ( Part 3).

28.

Amendment of section 2 of Principal Act.

29.

Amendment of section 7A of Principal Act.

30.

Amendment of section 18 of Principal Act.

31.

Funding standard.

32.

Small scheme exemptions.

33.

Amendment of section 59 of Principal Act.

34.

Qualifications of trustees.

35.

Amendment of section 90 of Principal Act.

36.

Amendment to Part VI of Principal Act.

37.

Cross-border schemes.

38.

Amendment of section 111 of Principal Act.

39.

Amendment of section 113 of Principal Act.

SCHEDULE 1

Amendments to Principal Act Consequential on the Health Act 2004

(repealed)

SCHEDULE 2

Third Schedule — Rules as to Calculation of Means

(repealed)

SCHEDULE 3

Amendments Consequential on Substitution of Third Schedule of Principal Act

(repealed)

SCHEDULE 4

Pre-Consolidation Amendments

(repealed)

SCHEDULE 5

Ninth Schedule — Specified Bodies

(repealed)


Acts Referred to

Army Pensions Acts 1923 to 1980

Bankruptcy Act 1988

1988, No. 27

Blind Persons Act 1920

1920, c.49

Child Care Act 1991

1991, No. 17

Civil Liability (Amendment) Act 1964

1964, No. 17

Companies Act 1990

1990, No. 33

Connaught Rangers (Pensions) Acts 1936 to 1964

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Education Act 1998

1998, No. 51

Finance Act 1921

11 & 12 Geo. 5, c.32

Finance Act 1958

1958, No. 25

Fisheries (Consolidation) Act 1959

1959, No. 14

Health (Nursing Homes) Act 1990

1990, No. 23

Health Act 1970

1970, No. 1

Health Act 2004

2004, No. 42

Health Contributions Act 1979

1979, No. 4

Housing (Miscellaneous Provisions) Act 1997

1997, No. 21

Income Tax Act 1967

1967, No. 6

Industrial Training Act 1967

1967, No. 5

Larceny Act 1916

6 & 7 Geo. 5, c.50

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Government Act 2001

2001, No. 37

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

Mental Treatment Act 1945

1945, No. 19

Mental Treatment Acts 1945 to 1966

Military Service (Pensions) Acts 1924 to 1964

National Council for Education Awards Act 1979

1979, No. 30

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2004

Qualifications (Education and Training) Act 1999

1999, No. 26

Regional Technical Colleges Acts 1992 to 2001

Social Welfare (Consolidation) Act 1993

1993, No. 27

Social Welfare (Miscellaneous Provisions) Act 2002

2002, No. 8

Social Welfare (Miscellaneous Provisions) Act 2003

2003, No. 4

Social Welfare (Miscellaneous Provisions) Act 2004

2004, No. 9

Social Welfare (No. 2) Act 1993

1993, No. 32

Social Welfare Act 1992

1992, No. 5

Social Welfare Act 1993

1993, No. 5

Social Welfare Act 1996

1996, No. 7

Social Welfare Act 1997

1997, No. 10

Social Welfare Act 1998

1998, No. 6

Social Welfare Act 1999

1999, No. 3

Social Welfare Act 2000

2000, No. 4

Social Welfare Act 2001

2001, No. 5

Social Welfare Acts

Taxes Consolidation Act 1997

1997, No. 39

Universities Acts 1997 and 1999

Vocational Education Act 1930

1930, No. 29


Number 4 of 2005


SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 12 April 2017


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND, FOR THE PURPOSE OF GIVING EFFECT TO DIRECTIVE 2003/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 1AND FOR OTHER PURPOSES, TO AMEND AND EXTEND THE PENSIONS ACT 1990. [14 th March, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: