Social Welfare (Miscellaneous Provisions) Act 2010


Number 28 of 2010


SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Social Welfare (Miscellaneous Provisions) Act 2010. 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, 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 28 of 2010


SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018


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

Labour Services Acts 1987 to 2010 : 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 2010 (37/2010), s. 1(3)). The Acts in this group are:

Labour Services (Amendment) Act 2009 (15/1987) (repealed)

Qualifications (Education and Training) Act 1999 (26/1999), s. 62 and in so far as they relate to that section, s. 1(3)(d) and s. 2 (repealed)

Labour Services (Amendment) Act 2009 (38/2009)

Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), Part 3 and s. 34, insofar as it relates to Part 3

Social Welfare and Pensions Act 2010 (37/2010), ss. 30 and 35

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 1991, 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 2010 (37/2010)

Social Welfare Act 2010 (34/2010)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Community Services Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 578 of 2017)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Social Welfare (Miscellaneous Provisions) Act 2010 (Section 25) (Commencement) Order 2011 (S.I. No. 89 of 2011)

Social Welfare (Miscellaneous Provisions) Act 2010 (Part 3) (Commencement) Order 2010 (S.I. No. 581 of 2010)

Social Welfare (Miscellaneous Provisions) Act 2010 (Part 4) (Commencement) Order 2010 (S.I. No. 443 of 2010)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 28 of 2010


SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

PART 2

Amendments to Social Welfare Acts

3. Normal residence of qualified child — amendments.

4. Amendment to section 3 of Principal Act.

5. Limitation on the return of contributions — amendment.

6. Amendment to section 40 of Principal Act.

7. Jobseeker’s benefit — disqualification for course of study.

8. Incapacity supplement — amendment.

9. Jobseeker’s allowance — assessment of means.

10. Jobseeker’s allowance — amendment.

11. Pre-retirement allowance — assessment of means.

12. Disability allowance — amendment.

13. Farm assist — assessment of means.

14. Qualified person — amendment.

15. Amendment to section 320 of Principal Act.

16. Appeals to High Court — amendment.

17. Amendment to Schedule 3 to Principal Act.

18. Jobseeker’s benefit — reduction of rates in certain circumstances. (Repealed)

19. Jobseeker’s allowance — reduction of rates in certain circumstances. (Repealed)

20. Supplementary welfare allowance — reduction of weekly amount in certain circumstances. (Repealed)

21. Rates of assistance — amendment.

22. Appointment of appeals officers — amendment.

23. Chief Appeals Officer — amendment.

24. Miscellaneous amendments to Principal Act.

25. One-parent family payment — amendments.

26. Domiciliary care allowance — amendment.

PART 3 (Repealed)

Functions of Minister Relating to An Foras Áiseanna Saothair

27. Interpretation. (Repealed)

28. Advances by Minister to An Foras. (Repealed)

29. Request by Minister to An Foras for reports and information. (Repealed)

30. Directions by Minister to An Foras. (Repealed)

PART 4

Assistance for Employment and Certain Schemes Providing Employment and Income Support

31. Interpretation.

32. Functions of Minister.

33. Amendment to Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007.

PART 5

Miscellaneous

34. Expenses.

SCHEDULE

Miscellaneous Amendments to Principal Act



Number 28 of 2010


SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS; TO MAKE FURTHER PROVISION IN RELATION TO EMPLOYMENT SCHEMES, ASSISTANCE INOBTAINING EMPLOYMENT, THE PROVISION OF WORK EXPERIENCE, EMPLOYMENT AND JOB PLACEMENT SERVICES; FOR THOSE PURPOSES TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS OF THE MINISTER FOR EDUCATION AND SKILLS TO THE MINISTER FOR SOCIAL PROTECTION AND AMEND AND EXTEND THE FUNCTIONS OF AN FORAS ÁISEANNA SAOTHAIR; TO AMEND THE LABOUR SERVICES ACT 1987; TO MAKE FURTHER PROVISION FOR ASSISTANCE FOR EMPLOYMENT AND CERTAIN SCHEMES PROVIDING EMPLOYMENT AND INCOME SUPPORT; TO TRANSFER CERTAIN PROGRAMMES AND SCHEMES UNDER THE COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007 TO THE MINISTER FOR SOCIAL PROTECTION; FOR THOSE PURPOSES TO AMEND THE COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[21 st July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: