Social Welfare Consolidation Act 2005
Interpretation generally.
[1993 s3(1); 1995 (No. 2) s10(3)]
3.—(1) For the purposes of this Act—
(a) a person is deemed to be over any age mentioned in this Act where the person has attained that age and is deemed to be under any age mentioned in this Act where the person has not attained that age;
(b) a person is deemed to be between 2 ages mentioned in this Act where the person has attained the first-mentioned age but has not attained the second-mentioned age;
(c) a person is deemed not to have attained the age of 16 years until the beginning of the 16th anniversary of the day of the person’s birth, and similarly with respect to any other age;
(d) regulations may provide that, for the purpose of determining whether a contribution is payable in respect of a person, or at what rate a contribution is payable, the person shall be treated as having attained at the beginning of a contribution week, or as not having attained until the end of a contribution week, any age which that person attains during the course of that week;
(e) the circumstances in which a person is to be regarded as living alone shall be specified in regulations;
(f) regulations shall provide for determining the circumstances in which a person is or is not to be regarded to be wholly or mainly maintaining another person.
[1993 s3(2)]
(2) Any reference in this Act to contributions, where the reference is without qualification, shall be read, save where the context otherwise requires, as including a reference to employment contributions, self-employment contributions and voluntary contributions.
[1993 s3(3)]
(3) Regulations may, in relation to any class or description of insurable employment or insurable (occupational injuries) employment, specify the persons to be treated for the purposes of this Act as the employers of employed contributors employed in that employment.
[1993 s3(4)]
(4) References in this Act to an employed contributor's employer shall not be read as including his or her employer in any employment other than insurable employment or insurable (occupational injuries) employment.
[1993 s3(5)]
(5) Any question relating to the normal residence of a qualified child shall, subject to section 220(2), be decided in accordance with regulations made under that subsection.
[1993 s3(6)]
(6) Where a child has been or becomes adopted under F76[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State and recognised under that Act], then for the purposes of this Act—
(a) the child shall after the adoption be treated as if he or she were the child of the adopter or adopters born to that adopter or adopters and were not the child of any other person and, where the child was an orphan immediately before the adoption, as having ceased to be an orphan, and
(b) where there is one adopter only, in any application after the adoption with respect to the child of the definition of “orphan” contained in section 2(1), “the parent of whom is dead” is substituted in paragraph (a) of that definition for “both of whose parents are dead”.
(7) In this Act—
[1993 s3(9)]
(a) a reference to a Part, Chapter, section or Schedule is to a Part, Chapter or section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,
[1993 s3(10)]
(b) a reference to a subsection, paragraph, subparagraph or clause is to the subsection, paragraph, subparagraph or clause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
[1993 s3(7)]
(c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended or extended by or under any subsequent enactment.
[1993 s3(8)]
(8) References in any other enactment to the “Social Welfare Acts” means this Act and every enactment which is to be read together with it as one.
[1993 s3(11)]
(9) In this Act, any reference to this Act shall be read as including a reference to regulations made under or applying the provisions of this Act.
[1993 s3(12); 2004 (MP) s18]
F77[(10) For the purposes of sections 43, 56, 66, 76, 77A, 102, 112, 117, 122, 134, 141(2)(d), 146, 149(4), 150(3), 158, 161D, 181(4), 210(2), 211(3), 214(2), 216, 219(2), 250(2)(b), 297 and 298, Chapter 9 of Part 3 and Part 7A—
(a) ‘spouse’ means each person of a married couple who are living together, and
(b) ‘civil partner’ means each civil partner of a couple who are both parties to a civil partnership who are living together.]
[1993 s3(13); 1997 s28(4) & Sch F]
F78[(11) For the purposes of determining the entitlement of a person to an increase in respect of a qualified adult—
(a) references to a spouse in the definition of ‘qualified adult’ contained in section 2(2) and regulations made under that provision shall be read as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, and
(b) references to a civil partner in the definition of ‘qualified adult’ contained in section 2(2) and regulations made under that provision shall be read as including a party to a civil partnership that has been dissolved, being a dissolution that is recognised as valid in the State.]
Annotations
Amendments:
F76
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 171(a), S.I. No. 511 of 2010.
F77
Substituted (16.12.2015) by Social Welfare and Pensions Act 2015 (47/2015), s. 12, commenced on enactment.
F78
Substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 16(b), S.I. No. 673 of 2010.
F79
Substituted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 3(1), not commenced as of date of revision.
Modifications (not altering text):
C10
Prospective amending provision: subs. (5) substituted by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 3(1), not commenced as of date of revision.
F79[(5) For the purposes of determining the person with whom a qualified child normally resides—
(a) such determination, other than such determination for the purposes of Part 4, shall be made in accordance with section 296A and regulations made under that section, and
(b) such determination for the purposes of Part 4, shall be made in accordance with section 220 and regulations made under that section.]
Editorial Notes:
E52
Power pursuant to subs. (1)(f) exercised (21.01.2026) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1)(Income Disregard) Regulations 2026 (S.I. No. 12 of 2026), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E53
Power pursuant to subs. (1)(f) exercised (24.06.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Income Disregard) Regulations 2025 (S.I. No. 276 of 2025), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E54
Power pursuant to subs. (1)(f) exercised (11.03.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Income Disregard) Regulations 2025 (S.I. No. 74 of 2025), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E55
Power pursuant to subs. (1)(f) exercised (9.08.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 13) (Assessment of Means) Regulations 2024 (S.I. No. 603 of 2024) , art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3)—in effect as per art. 2.
E56
Power pursuant to subs. (1)(f) exercised (1.08.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2024 (S.I. No. 433 of 2024), art. 4(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E57
Power pursuant to subs. (1)(f) exercised (on varying dates between 4.06.2024 and 10.06.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Child Maintenance and Liable Relatives) Regulations 2024 (S.I. No. 262 of 2024), art. 5—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(5)—in effect as per art. 3(2).
E58
Power pursuant to subs. (1)(f) exercised (27.03.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Income Disregard) Regulations 2024 (S.I. No. 140 of 2024), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E59
Power pursuant to subs. (1)(f) exercised (31.10.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Assessment of Means) Regulations 2023 (S.I. No. 533 of 2023), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E60
Power pursuant to subs. (1)(f) exercised (24.03.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Income Disregard) Regulations 2023 (S.I. No. 160 of 2023), art. 2(1)(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E61
Power pursuant to subs. (1)(f) exercised (1.01.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Spouse’s Earnings) Regulations 2023 (S.I. No. 128 of 2023), art. 4(i)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 7—in effect as per art. 2.
E62
Power pursuant to subs. (1)(f) exercised (16.11.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 14) (Income Limit - Qualified Adult) Regulations 2022 (S.I. No. 616 of 2022), art. unnumbered, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 7.
E63
Power pursuant to subs. (1)(f) exercised (26.07.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Income Disregard) Regulations 2022 (S.I. No. 430 of 2022), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E64
Power pursuant to subs. (1)(f) exercised (12.07.2022) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2022 (S.I. No. 397 of 2022), art. 3(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3)—subject initially to the cessation provisions of art. 3(2); cessation provision revoked (24.03.2023) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Income Disregard) Regulations 2023 (S.I. No. 160 of 2023), art. 3(2).
E65
Power pursuant to subs. (1)(f) exercised (16.06.2022) by Social Welfare (Consolidated Claims, Payment and Control) (Amendment) (No. 9) (Income Disregard) Regulations 2022 (S.I. No. 291 of 2022), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E66
Power pursuant to subs. (1)(f) exercised (1.04.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Covid-19 Pandemic Unemployment Payment – Entitlement to Increase for Qualified Adult) Regulations 2021 (S.I. No. 160 of 2021), art. 3(b), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(2) and (3).
E67
Power pursuant to subs. (1)(f) exercised (30.04.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2019 (S.I. No. 202 of 2019), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E68
Power pursuant to subs. (1)(f) exercised (26.03.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Assessment of Means) Regulations 2019 (S.I. No. 130 of 2019), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E69
Power pursuant to subs. (1)(f) exercised (21.12.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2018 (S.I. No. 654 of 2018), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E70
Power pursuant to subs. (1)(f) exercised (27.09.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Assessment of Means) Regulations 2018 (S.I. No. 389 of 2018), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E71
Power pursuant to subs. (1)(f) exercised (17.08.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Means) Regulations 2018 (S.I. No. 333 of 2018), art. 3(a)(i), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E72
Power pursuant to subs. (1)(f) exercised (23.02.2018) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2018 (S.I. No. 61 of 2018), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E73
Power pursuant to subs. (1)(f) exercised (18.12.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Assessment of Means) Regulations 2014 (S.I. No. 595 of 2014), art. 3(a), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E74
Power pursuant to subs. (1)(f) exercised (26.03.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Assessment of Means) Regulations 2014 (S.I. No. 155 of 2014), art. 2(a), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(3).
E75
Power pursuant to subs. (1)(f) 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. 3(a), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(2).
E76
Power pursuant to subs. (1)(f) exercised (29.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Qualified Adult) Regulations 2011 (S.I. No. 616 of 2011), art. 3, which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(1A) - (1D).
E77
Power pursuant to subs. (1)(f) 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. 3, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 7.
E78
Power pursuant to subs. (5) 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. 5, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 13(5), in effect as per art. 2.
E79
Power pursuant to subs. (1)(f) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8, in effect as per art. 2.
E80
Power pursuant to subs. (5) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 13, in effect as per art. 2.
E81
Power pursuant to statutory precursor of subs. (3) exercised (1.11.1996) by Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), art. 96 and sch. D, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.
E82
Previous affecting provision: subs. (10) amended (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item 2, commenced on enactment; substituted (16.12.2015) as per F-Note above.
E83
Previous affecting provision: subs. (10) amended (7.01.2011) by Social Welfare Act 2010 (34/2010), s. 6(1)(a), commenced as per subs. (2); substituted (16.12.2015) as per F-Note above.
E84
Previous affecting provision: subs. (10) substituted (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 16(a), S.I. No. 673 of 2010; substituted (16.12.2015) as per F-Note above.
E85
Previous affecting provision: subs. (10) amended (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), ss. 4(a) and 4(b), commenced on enactment; substituted (1.01.2011) as per E-Note above.
E86
Previous affecting provision: power pursuant to subs. (1)(f) exercised (27.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 6—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 8(2)—in effect as per art. 2(2); substituted (12.11.2012) as per E-Note above.
E87
Previous affecting provision: power pursuant to subs. (1)(f) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 4—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 7—in effect as per art. 2(1); substituted (21.11.2011) as per E-Note above.
E88
Previous affecting provision: power pursuant to subs. (1)(f) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 7, in effect as per art. 2; substituted (21.11.2011) as per E-Note above.
E89
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(f) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 5(a)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6B—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.
E90
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(f) exercised (14.09.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Compensation Payments) Regulations 2006 (S.I. No. 497 of 2006), art. 2(a), which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6B; 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.
E91
Previous affecting provision: power pursuant to subs. (1)(f) exercised (on dates in period 3.05.2006 to 7.06.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Qualified Adults and Earnings from Rehabilitative Employment) Regulations 2006 (S.I. No. 219 of 2006), art. 5—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 6A—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.
E92
Previous affecting provision: subs. (10) amended (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 37 and sch. 7, commenced on enactment; substituted (1.01.2011) as per E-Note above.
E93
Previous affecting provision: power pursuant to statutory precursor of subs. (1)(f) exercised (5.04.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1996 (S.I. No. 95 of 1996), art. 3—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 6A and 6B—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 (on dates in period 7.04.2005 to 6.06.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Capital Assessment and Carers) Regulations 2005 (S.I. No. 184 of 2005), art. 4, in effect as per art. 2. • amended (on dates in period 28.03.2001 to 6.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Miscellaneous Provisions) Regulations 2001 (S.I. No. 103 of 2001), art. 4(a) subject to saver in art. 4, in effect as per art. 3. • amended (on dates in period 4.10.2000 to 13.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 12) (Capital Assessment) Regulations 2000 (S.I. No. 313 of 2000), art. 4(a) subject to saver in art. 5, in effect as per art. 3. • amended (on dates in period 29.03.2000 to 7.04.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase for Qualified Adult) Regulations 2000 (S.I. No. 81 of 2000), art. 4(a), in effect as per art. 2. |
E94
Previous affecting provision: power pursuant to statutory precursor of subs. (5) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 7, 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.