Social Welfare Consolidation Act 2005

Conditions for receipt.

[1993 s84(1)]

109

109.—(1) The contribution conditions for F680[State pension (contributory)] are—

F681[(a) subject to subsection (3), that the claimant has entered into insurance at least 10 years before attaining pensionable age or deferred pensionable age, as the case may be,]

F682[(b) that the claimant—

(i) has qualifying contributions in respect of at least 520 contribution weeks, or

(ii) in the case of a person who on or before 6 April 1997, is a voluntary contributor paying contributions under Chapter 4 of Part 2, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks, of which not less than 156 are qualifying contributions, or

(iii) in any other case, has an aggregate of qualifying contributions and voluntary contributions in respect of 520 contribution weeks of which not less than 260 are qualifying contributions,

since his or her entry into insurance,]

(c) F683[subject to subsection (6D), that the claimant] has a yearly average or, in the case of a person who attains pensionable age on or after 6 April 1992, an alternative yearly average of not less than 48.

F684[(1A) In the case of a person who attained pensionable age before 6 April 2002, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance,’.]

F685[(1B) (a) In the case of a claimant to whom section 108(1C) applies, who is, during the relevant period, in receipt of a specified weekly payment, the period or aggregate of periods during which he or she is in receipt of such a specified weekly payment shall be regarded as reducing his or her deferred pensionable age by the equivalent period or aggregate of periods, measured in days, that he or she was in receipt of such a specified weekly payment and the age referenced rate of State pension (contributory) shall be calculated accordingly.

(b) In this subsection, ‘relevant period’ means the period beginning on the date on which the claimant attains pensionable age and ending on the date on which he or she was first awarded State pension (contributory).]

[1997 s12(1)(a)]

F686[(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions under Chapter 4 of Part 2, who attained pensionable age on or after 6 April 2002, but before 6 April 2012, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b):

‘(b) that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance,’.]

[1993 s84(2)]

(3) (a) In the case of a person who attained the age of 57 years before 1 July 1974, subsection (1)(a) shall be read as if “60” were substituted for “56”.

(b) In the case of a person who attained the age of 57 years on or after 1 July 1974, subsection (1)(a) shall be read as if “58” were substituted for “56”.

(c) In the case of a person who attained the age of 56 years on or after 1 April 1975, subsection (1)(a) shall be read as if “57” were substituted for “56” and paragraph (b) shall not apply on his or her attaining the age of 57 years.

(d) In the case of a person who attained the age of 55 years on or after 1 October 1977, paragraph (c) shall not apply on his or her attaining the age of 56 years and paragraph (b) shall not apply on his or her attaining the age of 57 years.

[1999 s21(a)]

(e) In the case of a person who became a self-employed contributor for the first time on or after 6 April 1988 and was not previously an employed contributor under this Act or the National Health Insurance Acts 1911 to 1952 before becoming so insured, and who on or before 6 April 1988 had attained the age of 56 years but had not attained the age of 62 years, subsection (1)(a) shall be read as if “62” were substituted for “56” for the purposes of qualifying for a pension under subsections (18) and (19).

[1993 s84(3)]

(4) (a) A person who attained the age of 69 years on or after 1 July 1974 but before 5 January 1976 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 July 1974 where that would be to the person's advantage.

(b) A person who attained the age of 69 years before 1 July 1974 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(4)]

(5) (a) A person who attained the age of 68 years on or after 1 April 1975 but before 3 January 1977 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 April 1975 where that would be to the person's advantage.

(b) A person who attained the age of 68 years before 1 April 1975 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall on and after that date have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

[1993 s84(5)]

(6) (a) A person who attained the age of 67 years on or after 1 October 1977 but before 1 January 1979 may have his or her entitlement to F680[State pension (contributory)] determined under the Acts relating to social welfare in operation before 1 October 1977 where that would be to the person's advantage.

(b) A person who attained the age of 67 years before 1 October 1977 and has been awarded F687[a State pension (contributory)] under the Acts relating to social welfare in operation before that date shall, on and after that date, have a right to that pension at the rate for the time being payable by reference to a yearly average equal to the yearly average calculated in his or her case under those Acts.

F688[(6A) F689[Subject to subsection (6D), in the case of] a claimant who attained pensionable age on or after 1 September 2012 and who, on or after 30 March 2018, would be entitled to the rate of State pension (contributory) specified in Schedule 2 but for the fact that the contribution condition set out in subsection (1)(c) is not satisfied, shall, on or after 30 March 2018, have a right to State pension (contributory) at a rate calculated in accordance with subsection (6B).

(6B) (a) In the case of a claimant referred to in subsection (6A), the rate in respect of that person shall, subject to paragraph (b), be calculated by reference to the amount determined (‘the aggregated contributions method’) where the rate of State pension (contributory) specified in F690[Schedule 2 or, if having attained deferred pensionable age, the age referenced rate of State pension (contributory) appropriate to that deferred pensionable age, if eligible,] is multiplied by the percentage obtained when the aggregate number of—

(i) contributions reckonable for State pension (contributory), and

(ii) home caring periods,

is divided by 2080 and multiplied by 100, and where the amount so calculated is a multiple of 5 cent but not also a multiple of 10 cent, it shall be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.

(b) In calculating the rate referred to in paragraph (a), the aggregate number of reckonable contributions and home caring periods shall not exceed 2080, and without prejudice to the generality of the foregoing, in so calculating such rate—

(i) the number of credited contributions shall not exceed 520,

(ii) the number of home caring periods shall not exceed 1040, and

(iii) the aggregate number of credited contributions referred to in subparagraph (i) and home caring periods referred to in subparagraph (ii) shall not in any event exceed 1040.

(6C) In the case of a State pension (contributory) calculated in accordance with the aggregated contributions method, any increase payable under section 112(2) shall be at 100 per cent of the rate specified in column (4) or (5), as the case may be, of Part 1 of Schedule 2.]

F691[(6D) Notwithstanding any other provision in this Chapter, the rate of State pension (contributory) payable to a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2025 shall be calculated as follows:

(a) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2025 and 31 December 2025, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 90 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 10 per cent,

whichever is the more favourable to that claimant;

(b) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2026 and 31 December 2026, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 80 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 20 per cent,

whichever is the more favourable to that claimant;

(c) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2027 and 31 December 2027, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 70 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 30 per cent,

whichever is the more favourable to that claimant;

(d) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2028 and 31 December 2028, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 60 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 40 per cent,

whichever is the more favourable to that claimant;

(e) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2029 and 31 December 2029, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 50 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 50 per cent,

whichever is the more favourable to that claimant;

(f) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2030 and 31 December 2030, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 40 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 60 per cent,

whichever is the more favourable to that claimant;

(g) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2031 and 31 December 2031, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 30 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 70 per cent,

whichever is the more favourable to that claimant;

(h) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2032 and 31 December 2032, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 20 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 80 per cent,

whichever is the more favourable to that claimant;

(i) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2033 and 31 December 2033, either—

(i) the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or

(ii) the aggregate of—

(I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 10 per cent, and

(II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 90 per cent,

whichever is the more favourable to that claimant; and

(j) in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2034, solely in accordance with the aggregated contributions method.]

[1993 s84(6)]

(7) Regulations may provide for modifications of the meaning of yearly average contained in section 108(2) or of the contribution conditions set out in this section.

[1993 s84(7); 1997 s12(1)(b)]

F692[(8) Subject to subsections (8A) and (9), regulations may provide for entitling to State pension (contributory) a claimant who would be entitled to that pension but for the fact that he or she has a yearly average of less than 48.]

F693[(8A) Where a claimant referred to in subsection (8) has—

(a) attained pensionable age before 1 January 2013, and

(b) a yearly average of less than 20,

he or she is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance.]

[1993 s84(8); 2001 s27(1)]

(9) Regulations under subsection (8) shall provide, subject to subsection (10), that F680[State pension (contributory)] payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary by reference to the yearly average so calculated, but any increase of that pension payable under section 112(2) shall be the same as if the claimant had a yearly average of not less than 48.

[2001 s27(1)]

(10) In the case of person who, on 5 April 2001, is entitled to or in receipt of a pension by virtue of regulations under subsection (8) which includes an increase under section 112(1), subsection (9) shall not operate so as to reduce the rate of the increase payable under section 112(1) below the rate that may be prescribed.

[1993 s84(9); 1997 s35 & Sch G]

(11) Contributions paid or credited under this Part, or paid, excused or deemed to be or treated as paid under the National Health Insurance Acts 1911 to 1952 (other than, in the case of a person who is not a relevant person, contributions paid by or in respect of a person at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996), shall be taken into account in the manner and subject to the conditions and limitations that may be prescribed for the purpose of the satisfaction of the contribution conditions for F680[State pension (contributory)].

[1993 s84(10)]

(12) Regulations under subsection (11) may also provide for modifications, in the case of persons who were insured under the National Health Insurance Acts 1911 to 1952 or who were absent from the State before 3 October 1960, of any of the contribution conditions for F680[State pension (contributory)].

[1993 s84(11)]

(13) Where a person, other than in the case of a relevant person, becomes an employed contributor by virtue of paragraph (b) of section 12(1) and would not, apart from that paragraph, be an employed contributor, his or her entry into insurance by virtue of that paragraph is deemed not to be an entry into insurance for the purposes of subsection (1) and for those purposes the person's entry into insurance is deemed to occur when he or she first becomes an employed contributor by virtue of paragraph (a) of section 12(1).

[1993 s84(12)]

F694[(14) Subject to subsection (15), regulations may provide for entitling to State pension (contributory) a person who would be entitled to that pension but for the fact that the contribution condition in subsection (1)(c) is not satisfied, where that person—

(a) has attained pensionable age before 1 January 2013, and

(b) having earlier ceased to be an employed contributor became, as a consequence and at the time of the coming into operation of section 12 of the Social Welfare Act 1973, an employed contributor in respect of whom contributions reckonable for the purposes of the contribution conditions for entitlement to State pension (contributory) were payable.]

[1993 s84(13)]

(15) Regulations for the purposes of subsection (14) shall provide that F680[State pension (contributory)] payable by virtue of those regulations shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the contribution condition in subsection (1)(c) is satisfied.

[1993 s84(14); 1997 s35 & Sch G]

F695[(16) (a) Subject to paragraph (b), regulations may provide for entitling to F680[State pension (contributory)] a relevant person who would be entitled but for the fact that the contribution conditions set out in subsection (1)(b) and (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996 were paid.

(b) For the purposes of paragraph (a) the claimant is required to have qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81(2)(a), 82(2)(a) or 83(2)(a) of the Regulations of 1996.]

[1993 s84(15); 2001 s37 & Sch F]

(17) Regulations for the purposes of subsection (16) shall provide that F680[State pension (contributory)] payable by virtue of those regulations shall—

F696[(a) be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary in relation to the proportion to which the number of—

(i) employment contributions paid in respect of or credited to the insured person which are reckonable for State pension (contributory) purposes,

(ii) self-employment contributions paid by him or her which are reckonable for State pension (contributory) purposes,

(iii) voluntary contributions paid by him or her which are reckonable for State pension (contributory) F697[purposes,]

(iv) home caring periods to which he or she is entitled for the purpose of a calculation under F698[subsection (6A), and],

F699[(v) long-term carer’s qualifying contributions attributable to him or her which are reckonable for State pension (contributory),]

bears to the total number of those employment contributions, self-employment contributions, voluntary contributions and home caring periods, but any increase of pension in respect of a qualified child shall be paid at the rate specified in Schedule 2,]

and

F700[(b) where the amount calculated in accordance with paragraph (a) is a multiple of 5 cent but not also a multiple of 10 cent, be rounded up to the nearest 10 cent, and where the amount is not a multiple of 5 cent or 10 cent, be rounded to the nearest 10 cent.]

[1999 s21(b)]

(18) Subject to subsection (19), a pension shall be payable in the case of a person who—

(a) became a self-employed contributor for the first time on or after 6 April 1988 and who on or before that date had attained the age of 56 years and who fails to satisfy the contribution conditions in subsection (1)(c) or (8), or

(b) satisfies the contribution condition in section 109(1)(a) by virtue of subsection (3)(e) and who, but for subsection (3)(e) fails to satisfy the contribution conditions in subsection (1) or (8),

and who has qualifying contributions in respect of not less than 260 weeks since becoming a self-employed contributor.

[1999 s21(b)]

(19) The rate of pension payable in accordance with subsection (18) shall be payable at half the rate specified in column (2) at reference 3 of Part 1 of Schedule 2 and any increases payable under section 112(1) or (2) shall be payable at half the rate specified in F701[columns (3), (4) and (5)] at reference 3 of Part 1 of Schedule 2.

[1999 s21(b); 2001 s37 & Sch F]

(20) The total amount payable by way of pension in accordance with subsections (18) and (19) shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

Annotations

Amendments:

F680

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006.

F681

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(a)(i), commenced as per s. 1(3).

F682

Substituted (6.04.2012) by Social Welfare Consolidation Act 2005 (26/2005), sch. 6 para 3(2), commenced as per s. 364(2)(c).

F683

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(a)(ii), commenced as per s. 1(3).

F684

Inserted (6.04.2012) by Social Welfare Act 2011 (37/2011), s. 5(1)(a), commenced as per subs. (3).

F685

Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(b), commenced as per s. 1(3).

F686

Substituted (6.04.2012) by Social Welfare Act 2011 (37/2011), s. 5(1)(b), commenced as per subs. (3).

F687

Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 2, S.I. No. 334 of 2006.

F688

Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 9(b), S.I. No. 655 of 2018.

F689

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(c), commenced as per s. 1(3).

F690

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(d), commenced as per s. 1(3).

F691

Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(e), commenced as per s. 1(3).

F692

Substituted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 4(1)(a), commenced as per subs. (2).

F693

Inserted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 4(1)(b), commenced as per subs. (2).

F694

Substituted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 4(1)(c), commenced as per subs. (2).

F695

Substituted (6.04.2012) by Social Welfare Consolidation Act 2005 (26/2005), sch. 6 para 3(1)(a)—as amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006—commenced as per s. 364(2)(c).

F696

Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 9(c), S.I. No. 655 of 2018.

F697

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(f)(i), commenced as per s. 1(3).

F698

Substituted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(f)(ii), commenced as per s. 1(3).

F699

Inserted (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 46(f)(iii), commenced as per s. 1(3).

F700

Substituted (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 10, S.I. No. 334 of 2006.

F701

Substituted (29.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 8, S.I. No. 116 of 2019.

Modifications (not altering text):

C43

Term "entry into insurance" in subs. (1) construed (25.03.2014) by European Union (Transfer of Pension Rights to and from Pension Scheme of European Union’s Institutions) Regulations 2014 (S.I. No. 153 of 2014), art. 17, in effect as per art. 2. {Note the text of article 15(1) and related articles appears in a C-Note following s. 6.}

Date of entry into insurance in certain circumstances.

17. Notwithstanding section 2(1) and Chapters 15, 16 and 18 of Part 2 of the Principal Act, where—

(a) contributions are treated as paid in respect of a relevant person in accordance with article 15(1), and

(b) before becoming a relevant person, that person—

(i) has not been an employed contributor or a self-employed contributor, or

(ii) has been an employed contributor by virtue of section 12(1)(b) of the Principal Act only,

“entry into insurance” in relation to that person means the first day of the earliest contribution year in respect of which contributions are treated as paid in accordance with article 15(1) and that date shall be regarded as the date of entry into insurance for the purposes of sections 109(1), 115(1) and 125 of the Principal Act.

Editorial Notes:

E825

Power pursuant to subs. (8) exercised (2.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Change in Rates) Regulations 2025 (S.I. No. 677 of 2025), art. 3(g) and sch. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(f).

E826

Power pursuant to subs. (8) exercised (1.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (State Pension (Contributory) – Calculation of Pension in Accordance with Section 109(6D)) Regulations 2024 (S.I. No. 592 of 2024), art. 4(c), 4(e) and 4(h)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 62(1) and inserted art. 62D and sch. 8C—in effect as per art. 3.

E827

Power pursuant to subs. (8) exercised (1.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (State Pension (Contributory) – Long-Term Carer’s Qualifying Contribution) Regulations 2023 (S.I. No. 690 of 2023), art. 4(d)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 64A(1)—in effect as per art. 3.

E828

Power pursuant to subs. (16) exercised (1.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (State Pension (Contributory) – Long-Term Carer’s Qualifying Contribution) Regulations 2023 (S.I. No. 690 of 2023), art. 4(d)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 64(1)—in effect as per art. 3.

E829

Power pursuant to subs. (8) exercised (12.02.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (State Pension (Contributory)) Regulations 2019 (S.I. No. 40 of 2019), arts. 3(d) and 3(e), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 63A and 64A.

E830

Power pursuant to subs. (8) exercised (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), arts. 4 and 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 62 and 65—in effect as per art. 3.

E831

Power pursuant to subs. (8) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 9, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 62.

E832

Power pursuant to subs. (8) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), arts. 5, 6, 12(a), 12(b), 12(c) and 12(d)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 62, schs. 2, 3, 8 and 9, and inserted arts. 62A, 62B, schs. 2A, 3A, 8A and 8B—in effect as per art. 3.

E833

Power pursuant to subs. (14) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), arts. 7, 8 and 12( c)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 65 and sch. 8, and inserted arts. 65A, 65B, schs. 8A and 8B—in effect as per art. 3.

E834

Power pursuant to subs. (16) exercised (1.09.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), arts. 11(a) and 11(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 63—in effect as per art. 3.

E835

Power pursuant to subs. (11) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 18 and 61, in effect as per art. 2.

E836

Power pursuant to subs. (16) exercised (12.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Entitlement to Pro-rata State Pension) Regulations 2007 (S.I. No. 860 of 2007), art. 3, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 63.

E837

Power pursuant to subs. (16) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 63 and 64, in effect as per art. 2.

E838

Proposed substitution in subs. (16) of words “a State pension (contributory)” for “an old age (contributory) pension” (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 2, S.I. No. 334 of 2006; rendered obsolete (24.03.2006) by the prior deletion of those words, as per F-Note above.

E839

Previous affecting provision: power pursuant to subs. (8) exercised (3.01.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 20) (Change in Rates) Regulations 2024 (S.I. No. 747 of 2024), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(f); substituted (2.01.2026) as per E-Note above.

E840

Previous affecting provision: power pursuant to subs. (8) exercised (5.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Change in Rates) Regulations 2023 (S.I. No. 684 of 2023), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(f); substituted (3.01.2025) as per E-Note above.

E841

Previous affecting provision: power pursuant to subs. (8) exercised (6.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Change in Rates) Regulations 2022 (S.I. No. 718 of 2022), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(f); substituted (5.01.2024) as per E-Note above.

E842

Previous affecting provision: power pursuant to subs. (8) exercised (7.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Change in Rates) Regulations 2021 (S.I. No. 780 of 2021), art. 5(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 3(g); substituted (6.01.2023) as per E-Note above.

E843

Previous affecting provision: power pursuant to subs. (8) exercised (29.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Change in Rates) Regulations 2019 (S.I. No. 102 of 2019), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(f); substituted (7.01.2022) as per E-Note above.

E844

Previous affecting provision: power pursuant to subs. (8) exercised (30.03.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Change in Rates) Regulations 2018 (S.I. No. 102 of 2018), art. 4(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 3(d); substituted (29.03.2019) as per E-Note above.

E845

Previous affecting provision: power pursuant to subs. (8) exercised (10.03.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2017 (S.I. No. 64 of 2017), art. 4(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 3(d); substituted (30.03.2018) as per E-Note above.

E846

Previous affecting provision: power pursuant to subs. (8) exercised (8.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Change in Rates) Regulations 2015 (S.I. No. 598 of 2015), art. 3(e) and sch. 5—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), schs. 8, 8A and 8B—in effect as per art. 2(b); substituted (10.03.2017) as per E-Note above.

E847

Previous affecting provision: power pursuant to subs. (14) exercised (1.01.2012 by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Reduced Rates) Regulations 2012 (S.I. No. 321 of 2012), art. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 65—in effect as per art. 3; deleted (1.01.2013) as per E-Note above

E848

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), arts. 6 and 7, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 62 and 65; art. 65 substituted (1.01.2012) as per E-Note above; art. 62 substituted (1.09.2012) as per E-Note above.

E849

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (2.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), arts. 6(c), 7(a), 7(b) and sch. 3—which amendedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 62(5), 65(4) and substituted sch. 8—in effect as per art. 2(f); art. 65 substituted (1.01.2012) as per E-Note above; art. 62 and sch. 8 substituted (1.09.2012) as per E-Note above.

E850

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (4.01.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), arts. 7(c), 8(a), 8(b) and sch. 3—which amendedSocial Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 62(5), 65(4) and substituted sch. 8—commenced as per art. 2(f); sch. 8 substituted (2.01.2009) as per E-Note above; arts. 62 and 65 substituted (1.09.2012) as per E-Note above.

E851

Previous affecting provision: power pursuant to subs. (7) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 66, in effect as per art. 2; deleted (1.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Reduced Rates) Regulations 2012 (S.I. No. 573 of 2012), art. 8(b), in effect as per art. 3.

E852

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 62, 65 and sch. 8, in effect as per art. 2; sch. 8 substituted (4.01.2008) as per E-Note above; arts. 62 and 65 substituted (1.09.2012) as per E-Note above.

E853

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (5.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), arts. 8(c), 9(a), 9(b) and sch. 3—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 38 and 41 , and substituted sch. 3—in effect as per art. 2(f); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E854

Previous affecting provision: power pursuant to subs. (8) and (14) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), arts. 6(e), 6(f), 25(a), 25(d) and sch. 3—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 38, deleted schs. C and D, and inserted sch. 3—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E855

Previous affecting provision: subs. (8) and (14) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006; substituted (1.01.2013) as per F-Note above.

E856

Previous affecting provision: subs. (16) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 2, S.I. No. 334 of 2006; substituted (6.04.2012) as per F-Note above.

E857

Previous affecting provision: subs. (17)(a) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 1, S.I. No. 334 of 2006; substituted (31.12.2018) as per F-Note above.

E858

Previous affecting provision: subs. (16) amended (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 37 and sch. 7, commenced on enactment; substituted (6.04.2012) as per F-Note above.

E859

Previous affecting provision: power pursuant to subs. (8) exercised (6.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), art. 6(c), 7(a), 7(b) and schs. 3 and 7—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 38 and substituted schs. C and D—in effect as per art. 2(f); deleted (1.11.2006) as per E-Note above.

E860

Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (30.03.1998) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Calculation of Yearly Average) Regulations 1998 (S.I. No. 105 of 1998), art. 2(a), which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 42; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E861

Previous affecting provision: power pursuant to statutory precursor of subs. (8) exercised (21.11.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Pensions) Regulations 1997 (S.I. No. 489 of 1997), art. 4 and sch. 1—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 38 and sch. C—in effect as per art. 2; art. 38 amended as per Table below; sch. C substituted on five occasions prior to the commencement of this Act, lastly (7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 6(c) and sch. 3, in effect as per art. 2(f); continued in force (1.12.2005) by s. 362(2) as if made under this Act; sch. C substituted (6.01.2006) as per E-Note above; art. 38 revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

Table

• amended (7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 7(a), in effect as per art. 2(f).

• amended (2.01.2004) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 7) (Increase in Rates Regulations 2003 (S.I. No. 724 of 2003), art. 8(a), in effect as per art. 2(f).

• amended (3.01.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 3) (Increase in Rates Regulations 2002 (S.I. No. 631 of 2002), art. 7(a), in effect as per art. 2(f).

• amended (4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Increase in Rates) Regulations 2001 (S.I. No. 650 of 2001), art. 8(a), in effect as per art. 2(f).

• amended (4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001 ), art. 4 and sch., in effect as per art. 3(f).

• amended (6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 5(c) and art. 5(d), in effect as per art. 2(1)(f).

E862

Previous affecting provision: power pursuant to statutory precursor of subs. (11) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 10 and 37, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E863

Previous affecting provision: power pursuant to statutory precursor of subs. (14) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 41 and sch. D, in effect as per art. 2; art. 41 amended as per Table below; sch. D substituted on multiple occasions prior to the commencement of this Act, lastly (7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 6(d) and sch. 7, in effect as per art. 2(f); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

Table

• amended (7.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 7(b), in effect as per art. 2(f).

• amended (2.01.2004) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 7) (Increase in Rates Regulations 2003 (S.I. No. 724 of 2003), art. 8(b), in effect as per art. 2(f).

• amended (3.01.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 3) (Increase in Rates Regulations 2002 (S.I. No. 631 of 2002), art. 7(b), in effect as per art. 2(f).

• amended (4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Increase in Rates) Regulations 2001 (S.I. No. 650 of 2001), art. 8(b), in effect as per art. 2(f).

• amended (4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 2(f).

• amended (6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), arts. 5(f) and 5(g), in effect as per art. 2(1)(f).

E864

Previous affecting provision: power pursuant to statutory precursor of subs. (16) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 39 and 40, in effect as per art. 2; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

Table

• amended (4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 2(f).

• amended (6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 5(e), in effect as per art. 2(1)(f).

• amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 3.