Social Welfare and Pensions Act 2010


Number 37 of 2010


SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 26 July 2017


This Revised Act is an administrative consolidation of Social Welfare and Pensions Act 2010. 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 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. 365 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 37 of 2010


SOCIAL WELFARE AND PENSIONS ACT 2010

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

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Labour Services (Amendment) Act 2009 (15/1987) (repealed)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(Education and Training) Act 1999 (26/1999), s. 62 and in so far as they relate to that section, s. 1(3)(d) and s. 2 (repealed)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

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), ss. 24

Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), ss. 22, 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 (ss. 14-23)

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), Parts 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 2011 (9/2011)

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 2010 (Section 37) (Transfer Day) Order 2013 (S.I. No. 388 of 2013)

Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2013 (S.I. No. 130 of 2013)

Social Welfare and Pensions Act 2010 (Section 33) (Appointment Day) Order 2013 (S.I. No. 129 of 2013)

Social Welfare and Pensions Act 2010 (Section 4) (Commencement) Order 2012 (S.I. No. 197 of 2012)

Social Welfare and Pensions Act 2010 (Sections 12 and 13) (Commencement) Order 2012 (S.I. No. 42 of 2012)

Social Welfare and Pensions Act 2010 (Section 33) (Appointment Day) Order 2011 (S.I. No. 718 of 2011)

Social Welfare and Pensions Act 2010 (Section 32) (Transfer Day) Order 2011 (S.I. No. 717 of 2011)

Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (No. 2) Order 2011 (S.I. No. 716 of 2011)

Social Welfare and Pensions Act 2010 (Sections 29, 30, 34 and 35) (Commencement) Order 2011 (S.I. No. 703 of 2011)

Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (Amendment) Order 2011 (S.I. No. 639 of 2011)

Social Welfare and Pensions Act 2010 (Sections 28, 31, 32 and 33) (Commencement) Order 2011 (S.I. No. 572 of 2011)

Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2011 (S.I. No. 502 of 2011)

Social Welfare and Pensions Act 2010 (Section 37) (Transfer Day) Order 2011 (S.I. No. 499 of 2011)

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 2010 (Section 11(1)) (Commencement) Order 2011 (S.I. No. 495 of 2011)

Social Welfare and Pensions Act 2010 (Part 4) (Commencement) Order 2011 (S.I. No. 471 of 2011)

Social Welfare and Pensions Act 2010 (Sections 15 to 26) (Commencement) Order 2010 (S.I. No. 673 of 2010)

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 37 of 2010


SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 26 July 2017


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. Duration of illness benefit payment.

4. Proving unemployment by electronic communication.

5. Jobseeker’s allowance — days of unemployment.

6. Calculation of means for rent and mortgage supplement.

7. Provision by landlord of tax reference number for rent supplement.

8. Information required for personal public service number.

9. Public services card.

10. Carer’s allowance — assessment of means.

11. Supplementary welfare allowance — amendments.

12. Partial capacity benefit.

13. Amendment to section 91 of Principal Act.

14. Contributions by public office holders.

15. Amendment to section 2 of Principal Act.

16. Amendment to section 3 of Principal Act.

17. Amendment to Part 2 of Principal Act.

18. Widowed or surviving civil partner grant.

19. Miscellaneous amendments to Part 3 of Principal Act.

20. One-parent family payment.

21. Qualified adult.

22. Amendment to Part 6 of Principal Act.

23. Amendments to Part 9 of Principal Act.

24. Amendments to Part 12 of Principal Act.

25. Amendments to Schedule 3 of Principal Act.

26. Amendments to Principal Act relating to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

27. Status of persons engaged in work experience pursuant to certain placements.

PART 3

Employment schemes and other schemes and programmes

28. Interpretation.

29. Functions of Minister in relation to employment schemes and related schemes and programmes.

30. Amendment of section 4 of Act of 1987.

31. Transfer of rights and liabilities.

32. Transfer of certain property.

33. Transfer of certain members of staff of An Foras.

34. Amendment of Act of 2010.

35. Savings and transitional provisions relating to section 30.

PART 4

Transfer of Certain Employees, Property, etc. of Health Service Executive

36. Transfer of certain rights and liabilities of Executive.

37. Transfer of certain property of Executive.

38. Transfer of certain employees of Executive.

39. Amendment to section 208 of Principal Act.

PART 5

Approval of Certain Policies or Contracts of Assurance

40. Definition.

41. Amendment of section 48 of Principal Act.

42. New Part IVA of Principal Act.

43. Amendment of section 59 of Principal Act.

44. Amendment of Taxes Consolidation Act 1997.

45. Collective citation and commencement.

SCHEDULE 1

Amendments to Principal Act

SCHEDULE 2

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 3

Amendments to Principal Act Relating to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Civil Service Regulation Acts 1956 to 2005

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Defence Act 1954

1954, No. 18

Defence (Amendment) Act 2007

2007, No. 24

Ethics in Public Office Acts 1995 and 2001

European Parliament (Irish Constituency Members) Act 2009

2009, No. 17

Finance Act 1970

1970, No. 14

Finance Act 2007

2007, No. 11

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Insurance Act 1989

1989, No. 3

Labour Services Act 1987

1987, No. 15

Labour Services Acts 1987 to 2010

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2009

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Acts 1967 to 2007

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Social Welfare (Miscellaneous Provisions) Act 2008

2008, No. 22

Social Welfare (Miscellaneous Provisions) Act 2010

2010, No. 28

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare and Pensions Act 2008

2008, No. 2

Social Welfare and Pensions (No. 2) Act 2009

2009, No. 43

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

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007


Number 37 of 2010


SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 26 July 2017


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, TO CONFER CERTAIN FUNCTIONS RELATING TO EMPLOYMENT SCHEMES AND RELATED SCHEMES AND PROGRAMMES ON THE MINISTER FOR SOCIAL PROTECTION; TO AMEND THE LABOUR SERVICES ACT 1987 AND TO PROVIDE FOR THE TRANSFER OF CERTAIN ASSETS, LIABILITIES, PROPERTY AND STAFF OF AN FORAS ÁISEANNA SAOTHAIR, TO PROVIDE FOR THE CONTINUANCE OF CERTAIN SCHEMES PROVIDED BY AN FORAS ÁISEANNA SAOTHAIR AND FOR THE PROVISION BY THE MINISTER FOR SOCIAL PROTECTION OF THOSE SCHEMES; TO PROVIDE FOR THE TRANSFER OF CERTAIN ASSETS, LIABILITIES, PROPERTY AND EMPLOYEES OF THE HEALTH SERVICE EXECUTIVE; TO AMEND THE CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001, THE PENSIONS ACT 1990, AND THE TAXES CONSOLIDATION ACT 1997; AND TO PROVIDE FOR RELATED MATTERS.

[21 st December, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: