Social Welfare Consolidation Act 2005
F1045[Relevant payments — conditions for receipt.
178A.—(1) Notwithstanding the provisions of Part V of the Act of 1996—
(a) deserted wife's benefit under Chapter 18 of Part II of the Act of 1993 shall be payable to a woman who, in the case of a claim made on or after 31 August 1992 but before 2 January 1997, does not have an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of a prescribed amount, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate,
(b) in the case of a woman who immediately before the commencement of section 19 of the Act of 1996 was in receipt of deserted wife's benefit under Chapter 18 of Part II of the Act of 1993, regulations may provide for the continued payment of deserted wife's benefit where—
(i) subject to paragraph (c), the woman has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of an amount prescribed for the purposes of paragraph (a) in the last complete income tax year or in such subsequent tax year as a deciding officer or an appeals officer may consider appropriate, or
(ii) the contribution condition set out in subsection (2)(b) is not satisfied,
(c) regulations under paragraph (b) shall provide that deserted wife's benefit payable by virtue of that paragraph shall be payable at a rate less than that specified in reference 5of Part 1 of Schedule 2 and the rate specified by the regulations may vary with the extent to which—
(i) the claimant has an aggregate of reckonable income, reckonable earnings and reckonable emoluments in excess of the amount prescribed for the purposes of paragraph (a) but not in excess of the amount prescribed for the purposes of this paragraph, in the last complete income tax year or in such subsequent period as a deciding officer or an appeals officer may consider appropriate, and
(ii) the contribution condition set out in subsection (2)(b) is satisfied,
but any increase of the benefit payable in accordance with subsection (3) shall be the same as if the conditions set out in paragraph (a) and subsection (2)(b) had been fully satisfied,
(d) (i) subject to subparagraph (ii), regulations may provide for entitling to deserted wife's benefit a person who would be entitled thereto but for the fact that the contribution condition set out in subsection (2)(b) is not satisfied by reference to the insurance record of a person where that person, having earlier ceased to be an employed contributor, became an employed contributor as a consequence of the coming into operation of section 12 of the Social Welfare Act 1973,
(ii) regulations for the purposes of subparagraph (i) shall provide that deserted wife's benefit payable by virtue of that paragraph shall be payable at a rate less than that specified in reference 5 of Part 1 of Schedule 2and the rate specified by the regulations may vary with the extent to which the contribution condition set out in subsection (2)(b)(ii) is satisfied.
(2) The contribution conditions for deserted wife's benefit under Chapter 18 of Part II of the Act of 1993 are—
(a) that the husband had qualifying contributions in respect of not less than 156 contribution weeks in the period beginning with his entry into insurance and ending immediately before the relevant time, and
(b) that, if at the relevant time, 4 years or longer has elapsed since the husband's entry into insurance—
(i) the yearly average for the 3 contribution years, or (if warranted by his insurance record) 5 contribution years, ending with the end of the last complete contribution year before the relevant time is not less than 39, or
(ii) the yearly average in respect of the period commencing at the beginning of the contribution year in which his entry into insurance occurred and ending at the end of the last complete contribution year before the relevant time is not less than 48,
but, if the foregoing conditions are not satisfied on the husband's insurance record, they may be satisfied on the woman's insurance record (the husband's insurance record being disregarded).
(3) For the purposes of a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in section 178, the weekly rate of payment shall be increased by the appropriate amount set out—
F1046[(a) set out in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and]
F1047[(aa) set out in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the claimant or beneficiary,]
(b) in column (6) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is living alone,
(c) in column (7) of Part 1 of Schedule 2 where the beneficiary has attained the age of 80 years, and
(d) in column (8) of Part 1 of Schedule 2 where the beneficiary has attained pensionable age and is ordinarily resident on an island.]
F1048[(3A) In this section ‘yearly average’ means the average per contribution year of contribution weeks in respect of which the husband or claimant has qualifying contributions, voluntary contributions or credited contributions in the appropriate period specified in subsection (2)(b) and where the average so calculated is a fraction of a whole number consisting of one-half or more it shall be rounded up to the nearest whole number and where it is a fraction of less than one-half it shall be rounded down to the nearest whole number.]
F1049[(4) Regulations may, subject to the conditions and in the circumstances and for the periods that may be prescribed, entitle to a payment a woman who ceases to be entitled to deserted wife’s benefit by virtue of having earnings in excess of the amount prescribed for the purposes of subsection (1)(a).
(5) Regulations under subsection (4) shall provide that a payment payable by virtue of those regulations shall be payable at a rate less than that specified in column (2) of Part 1 of Schedule 2 and the rate specified by regulations may vary by reference to the yearly average calculated in accordance with subsection (2)(b)(ii).]
F1050[(6) F1051[…]]
F1052[(6A) F1051[…]]
F1050[(7) F1051[…]]
F1050[(8) F1051[…]]
F1053[(9) F1051[…]]
F1054[(10) F1051[…]]
Annotations
Amendments:
F1045
Inserted (16.12.2005) by Social Welfare Act 2005 (30/2005), s.10(b), commenced on enactment.
F1046
Substituted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 18, S.I. No. 116 of 2019.
F1047
Inserted (28.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 17 and sch. 1 item 18, S.I. No. 116 of 2019.
F1048
Inserted (21.12.2012) by Social Welfare Act 2012 (43/2012), s. 3(5), commenced on enactment.
F1049
Inserted (3.05.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 23, S.I. No. 219 of 2007.
F1050
Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(7)(a), commenced on enactment.
F1051
Deleted (3.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 5(5), commenced as per subs. (6).
F1052
Inserted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(7)(a), commenced on enactment.
F1053
Inserted (27.04.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 25(4), S.I. No. 89 of 2011.
F1054
Substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(7)(c), commenced on enactment.
Editorial Notes:
E1115
Power pursuant to subs. (1)(b) exercised (1.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Change in Rates) Regulations 2025 (S.I. No. 677 of 2025), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e).
E1116
Power pursuant to subs. (1)(d) 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), art. 8(h)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 88—in effect as per art. 3.
E1117
Power pursuant to subs. (1)(d) 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. 9(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 88.
E1118
Power pursuant to subs. (1)(a) exercised (3.05.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007 (S.I. No. 222 of 2007), art. 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 86—in effect as per art. 2(b).
E1119
Power pursuant to subs. (4) exercised (3.05.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Illness, Jobseeker's, Maternity, Adoptive and Deserted Wife's Benefit) Regulations 2007 (S.I. No. 222 of 2007), art. 8—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 90A—in effect as per art. 2(b).
E1120
Power pursuant to subs. (1)(b) and (d) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 87, 88 and sch. 11, in effect as per art. 2; sch. 11 substituted on multiple previous occasions as per E-Notes below, most recently (1.01.2026) as per E-Note above.
E1121
Power pursuant to subs. (1)(d) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 88 and sch. 11, in effect as per art. 2; amended as per Table below.
E1122
Previous affecting provision: power pursuant to subs. (1)(b) exercised (2.01.2025 and 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(i) and sch. 9, in effect as per art. 2(e) and (f)—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (1.01.2026) as per E-Note above.
E1123
Previous affecting provision: power pursuant to subs. (1)(b) exercised (4.01.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Change in Rates) Regulations 2023 (S.I. No. 684 of 2023), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (2.01.2025 and 3.01.2025) as per E-Note above.
E1124
Previous affecting provision: power pursuant to subs. (1)(b) exercised (5.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Change in Rates) Regulations 2022 (S.I. No. 718 of 2022), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (4.01.2024) as per E-Note above.
E1125
Previous affecting provision: power pursuant to subs. (1)(b) exercised (6.01.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Change in Rates) Regulations 2021 (S.I. No. 780 of 2021), art. 5(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(f); substituted (5.01.2023) as per E-Note above.
E1126
Previous affecting provision: power pursuant to subs. (1)(b) exercised (28.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Change in Rates) Regulations 2019 (S.I. No. 102 of 2019), art. 3(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (6.01.2022) as per E-Note above.
E1127
Previous affecting provision: power pursuant to subs. (1)(b) exercised (29.03.2018 and 5.04.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Change in Rates) Regulations 2018 (S.I. No. 102 of 2018), art. 4(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 3(c); substituted (28.03.2019) as per E-Note above.
E1128
Previous affecting provision: power pursuant to subs. (1)(b) exercised (9.03.2017 and 16.03.2017) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2017 (S.I. No. 64 of 2017), art. 4(i) and sch. 9—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 3(c); substituted (29.03.2018 and 5.04.2018) as per E-Note above.
E1129
Previous affecting provision: power pursuant to subs. (1)(b) exercised (7.01.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Change in Rates) Regulations 2015 (S.I. No. 598 of 2015), art. 3(g) and sch. 7—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(a); substituted (9.03.2017 and 16.03.2017) as per E-Note above.
E1130
Previous affecting provision: power pursuant to subs. (1)(b) 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. 18(d), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11; substituted (7.01.2016) as per E-Note above.
E1131
Previous affecting provision: subs. (9) amended (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 9(7)(b), commenced on enactment; deleted (3.05.2012) as per F-Note above.
E1132
Previous affecting provision: power pursuant to subs. (7) exercised (27.04.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (One-Parent Family Payment) Regulations 2011 (S.I. No. 90 of 2011), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 14(1)—in effect as per art. 2; reference to subs. (7) substituted (3.05.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (One-Parent Family Payment) Regulations 2012 (S.I. No. 141 of 2012), art. 3, in effect as per art. 2.
E1133
Previous affecting provision: subs. (6), (7), (8) and (10) inserted (27.04.2011) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 25(4), S.I. No. 89 of 2011; substituted (29.06.2011) as per E-Notes above.
E1134
Previous affecting provision: power pursuant to subs. (1)(b) exercised (6.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), art. 6(d) and sch. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (7.01.2016) as per E-Note above.
E1135
Previous affecting provision: power pursuant to subs. (1)(b) exercised (7.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Increase Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 6(d) and sch. 4—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (6.01.2011) as per E-Note above.
E1136
Previous affecting provision: power pursuant to subs. (1)(b) exercised (1.01.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 6(e) and sch. 8—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (7.01.2010) as per E-Note above.
E1137
Previous affecting provision: power pursuant to subs. (1)(b) exercised (3.01.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 7(e) and sch. 3—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), sch. 11—in effect as per art. 2(e); substituted (1.01.2009) as per E-Note above.
E1138
Previous affecting provision: power pursuant to subs. (1)(a) and (1)(c)(i) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 86, in effect as per art. 2; substituted (3.05.2007) as per E-Note above.
E1139
XPrevious affecting provision: power pursuant to statutory precursors of subs. (1)(a) and (1)(c)(i) exercised (2.07.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 63, 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.