Social Welfare Consolidation Act 2005
General provisions as to benefit.
[1993 s117(1)]
138.—(1) A person shall, subject to satisfaction of the prescribed conditions, be entitled to such treatment benefit as may be specified by regulations.
[1993 s117(2)]
F796[(2) The regulations, for the purposes of this section, may specify the payment of the whole or any part of the cost of any of the following:
F797[(a) dental treatment;]
F798[(b) optical treatment and appliances;]
(c) appliances provided under the scheme commonly known as the Medical Appliances SchemeF799[;]
F800[(d) non-surgical hair replacement for persons suffering from hair loss (other than physiological hair loss) resulting from a disease, or treatment for a disease.]]
[1993 s117(3)]
(3) The payments referred to in subsection (2) shall not exceed in the aggregate such sums as may from time to time be agreed on between the Minister and the Minister for Finance.
[1993 s117(4)]
(4) This section shall remain in force until the day appointed under subsection (5) and shall then expire.
[1993 s117(5)]
(5) The Minister may by order appoint a day to be the day on which this section expires.
Annotations
Amendments:
F796
Substituted (1.01.2010) by Social Welfare And Pensions (No. 2) Act 2009 (43/2009), s. 11(1), commenced as per subs. (3), subject to transitional provisions in subs. (2).
F797
Substituted (27.10.2017) by Social Welfare Act 2016 (15/2016), s. 9(b)(i), S.I. No. 463 of 2017.
F798
Substituted (27.10.2017) by Social Welfare Act 2016 (15/2016), s. 9(b)(ii), S.I. No. 463 of 2017.
F799
Substituted (28.05.2022) by Social Welfare Act 2021 (44/2021), s. 12(1)(a), commenced as per subs. (2).
F800
Inserted (28.05.2022) by Social Welfare Act 2021 (44/2021), s. 12(1)(b), commenced as per subs. (2).
Modifications (not altering text):
C49
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
... No. 26 of 2005 ... |
... Social Welfare Consolidation Act 2005 ... |
... Sections 5, 7, 11(2) and (4), 94, 95(2), 138(3), 280(2), 282(4), 288, 316(3), 333 and 341(5) ... |
Editorial Notes:
E961
Power pursuant to subs. (1) exercised (28.05.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Treatment Benefit) Regulations 2022 (S.I. No. 259 of 2022), arts. 4 and 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 91, 94, 105, 106, 109, 110 and 111; substituted arts. 96 and 97; inserted art. 110C—in effect as per art. 2.
E962
Power pursuant to subs. (1) exercised (25.05.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Treatment Benefit) Regulations 2022 (S.I. No. 360 of 2022), art. 2; which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 110B—in effect as per art. 2.
E963
Power pursuant to subs. (1) exercised (27.03.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Treatment Benefit) Regulations 2021 (S.I. No. 77 of 2021), art. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 110—in effect as per art. 2.
E964
Power pursuant to subs. (1) exercised (31.12.2020 at 11.00 p.m.) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 18) (Treatment Benefit — Payment by the Minister) Regulations 2020 (S.I. No. 716 of 2020), art. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 98—in effect as per art. 2.
E965
Power pursuant to subs. (1) exercised (22.08.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Treatment Benefit) Regulations 2017 (S.I. No. 381 of 2017), art. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 94 and 98—in effect as per art. 2.
E966
Power pursuant to subs. (1) exercised (1.01.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Treatment Benefit) Regulations 2011 (S.I. No. 720 of 2011), art. 4—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 110A—in effect as per art. 3.
E967
Power pursuant to subs. (1) 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), art. 10; which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 91, and substituted arts. 96 and 97.
E968
Power pursuant to subs. (1) exercised (1.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Treatment Benefit) Regulations 2009 (S.I. No. 578 of 2009), art. 3—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 91 and 106; substituted arts. 92 and 101; deleted arts. 107 and 113—in effect as per art. 4.
E969
Power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 91 to 115, in effect as per art. 2.
E970
Previous affecting provision: power pursuant to subs. (1) exercised (14.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (Treatment Benefit) Regulations 2006 (S.I. No. 487 of 2006), art. 3; which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 67D; 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.
E971
Previous affecting provision: power pursuant to subs. (1) exercised (29.05.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Treatment Benefit) Regulations 2006 (S.I. No. 201 of 2006), art. 4—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 67D—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.
E972
Previous affecting provision continued in force (1.12.2005) by s. 362(2) as if made under this Act: application of subs. (1)(b) modified (16.12.2004) by Social Welfare (Transitional Arrangements) (Alignment of Income Tax Year with Calendar Year) (No. 1) Regulations 2004 (S.I. No. 848 of 2004), art. 3(4); in effect only as regards the benefit year which began on 3 January 2005 and ended on 1 January 2006.
E973
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (5.04.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Treatment Benefit) Regulations 2005 (S.I. No. 185 of 2005), art. 3, which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 67A to art. 67Y; 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.