Social Welfare and Pensions Act 2008


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 26 July 2017


This Revised Act is an administrative consolidation of the Social Welfare and Pensions Act 2008. It is prepared by the Law Reform Commission in accordance with its function under the 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Appointment of Special Advisers (Minister for Transport, Tourism and Sport) Order 2017 (S.I. No. 265 of 2017), made 26 July 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 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 26 July 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 1994, 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 and Pensions Act 2014 (16/2014)

Social Welfare and Pensions Act 2011 (9/2011)

Social Welfare and Pensions Act 2010 (37/2010)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions Act 2008 (Sections 18(2), 18(3) and 18(4)) (Commencement) Order 2011 (S.I. No. 496 of 2011)

Social Welfare and Pensions Act 2008 (Section 16(c)) (Commencement) Order 2010 (S.I. No. 246 of 2010)

Social Welfare and Pensions Act 2008 (Section 28) (Commencement) Order 2009 (S.I. No. 506 of 2009)

Social Welfare and Pensions Act 2008 (Section 17) (Commencement) Order 2009 (S.I. No. 347 of 2009)

Social Welfare and Pensions Act 2008 (Sections 15 and 16) (Commencement) Order 2009 (S.I. No. 143 of 2009)

Social Welfare and Pensions Act 2008 (Section 27) (Commencement) (No. 2) Order 2008 (S.I. No. 398 of 2008)

Social Welfare and Pensions Act 2008 (Section 27) (Commencement) Order 2008 (S.I. No. 277 of 2008)

Social Welfare and Pensions Act 2008 (Sections 26, 29, 30 and 31) (Commencement) Order 2008 (S.I. No. 84 of 2008)

All statutory instruments up to and including Appointment of Special Advisers (Minister for Transport, Tourism and Sport) Order 2017 (S.I. No. 365 of 2017), made 26 July 2017, were considered in the preparation of this revision.


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 26 July 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction, collective citation and commencement.

PART 2

Amendment of Social Welfare Acts

2. Definitions.

3. Child benefit — new rates.

4. Early childcare supplement — increase in rate.

5. Transfer of pension rights to EC institutions scheme. (Repealed)

6. Illness benefit — improvement.

7. State pension (non-contributory) — improvements.

8. One-parent family payment — increase in income limit and amendment.

9. Respite care grant — increase.

10. Detention in legal custody.

11. State pension (contributory) — homemakers.

12. Blind welfare allowance.

13. Blind welfare allowance — consequential amendments.

14. Blind welfare allowance — commencement and transitional.

15. Domiciliary care allowance.

16. Domiciliary care allowance — consequential amendments.

17. Domiciliary care allowance — commencement and transitional.

18. Supplementary welfare allowance.

19. Claims.

20. Payments to persons other than claimant or beneficiary.

21. Provisions with respect to habitual residence.

22. Proceedings.

23. Schedule 3, Part 2.

24. Supplementary welfare allowance — calculation of weekly means.

25. Amendments of Act of 2007.

PART 3

Amendment of Pensions Act 1990

26. Definitions.

27. Registered administrators.

28. Trustee training.

29. Miscellaneous amendments of Pensions Act 1990.

PART 4

Amendment of Other Acts

30. Amendment of Family Law Act 1995.

31. Amendment of Family Law (Divorce) Act 1996.

SCHEDULE 1

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 2

Formal Amendments of the Pensions Act 1990


Acts Referred to

Blind Persons Act 1920

10 & 11 Geo. 5, c. 49

Children Act 2001

2001, No. 24

Companies Act 1990

1990, No. 33

Criminal Law (Insanity) Act 2006

2006, No. 11

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health Contributions Act 1979

1979, No. 4

Lunacy (Ireland) Act 1821

1 & 2 Geo. 4, c. 33

Mental Health Act 2001

2001, No. 25

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2006

Social Welfare Acts

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5

Taxes Consolidation Act 1997

1997, No. 39

Trial of Lunatics Act 1883

46 & 47 Vic., c. 38


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 26 July 2017


AN ACT TO AMEND THE SOCIAL WELFARE ACTS AND THE PENSIONS ACT 1990 AND TO MAKE RELATED AMENDMENTS OF THE FAMILY LAW ACT 1995 AND THE FAMILY LAW (DIVORCE) ACT 1996.

[7 th March, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: