Social Welfare and Pensions (Miscellaneous Provisions) Act 2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013. 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 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

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

Civil Registration Acts 2004 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Children and Family Relationships Act 2015 (9/2015) (9/2015), s. 1(2)). The Acts in this group are:

Civil Registration (Amendment) Act 2005 (19/2005)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25

Civil Registration (Amendment) Act 2012 (48/2012)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3

Civil Registration (Amendment) Act 2014 (34/2014) (34/2014)

Children and Family Relationships Act 2015 (9/2015), Part 9

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 1990, 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

Financial Services and Pensions Ombudsman Act 2017 (22/2017)

All Acts up to and including Finance Act 2017 (41/2018), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Sections 22(b), 26, 27, 28, 29 and 34) (Commencement) Order 2014 (S.I. No. 103 of 2014)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 3) (Commencement) Order 2013 (S.I. No. 404 of 2013)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013 (S.I. No. 369 of 2013)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 8) (Commencement) Order 2013 (S.I. No. 339 of 2013)

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 20 of 2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, construction, collective citations and commencement

PART 2

Amendments to Social Welfare Acts

2. Definitions

3. Amendments consequent upon dissolution of An Foras Áiseanna Saothair

4. Definition of special contributor

5. Elections under Taxes Consolidation Act 1997 relating to charging, collection and recovery of self-employment contributions

6. Contributions by certain employed contributors

7. Civil partnerships and cohabitants

8. Entitlement to partial capacity benefit

9. Retained fire fighters

10. Transition from one-parent family payment to jobseeker’s allowance in certain circumstances

11. Disqualification from receipt of benefit where identity not authenticated

12. Jobseeker’s benefit - refusal or failure to engage with activation measures

13. Jobseeker’s allowance - refusal or failure to engage with activation measures

14. Supplementary welfare allowance - refusal or failure to engage with activation measures

15. Attachment — insertion of Part 11A of Principal Act

16. Excepted employments

17. Amendment of Schedule 3 to Principal Act

18. Amendment of Schedule 5 to Principal Act

19. Miscellaneous amendments to Principal Act

PART 3

Amendments to Civil Registration Act 2004

20. Functions that may be performed by Minister for Arts, Heritage and the Gaeltacht

PART 4

Amendments to Pensions Act 1990

21. Definition

22. Amendment of section 2 of Principal Act

23. Amendment of section 3 of Principal Act

24. Amendment of section 3C of Principal Act

25. Amendment of section 3D of Principal Act

26. Change of name of Pensions Board and chief executive

27. Amendment of section 15 of Principal Act

28. Amendment of section 24 of Principal Act

29. Pensions Council

30. Amendment of section 50 of Principal Act

31. Direction by Board to trustees to wind up scheme

32. Application to High Court

33. Amendment of section 129 of Principal Act (Repealed)

34. Amendment of First Schedule to Principal Act

SCHEDULE

Miscellaneous Amendments to Principal Act



Number 20 of 2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


An Act to amend and extend the Social Welfare Acts, the Civil Registration Act 2004, the Pensions Act 1990 and to provide for related matters. [28 th June, 2013]

Be it enacted by the Oireachtas as follows: