Social Welfare Consolidation Act 2005

Rates of adoptive benefit.

[1997 s11(1); 2004 SWA s7]

60

60.—F426[(1) Subject to this Act, the weekly rate of adoptive benefit shall be—

(a) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

or

(b) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit, F427[which the person would otherwise receive if he or she was entitled to that benefit], or

F428[(ii) €299.]]

[1997 s11(1)]

(2) In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income received in a week that may be prescribed up to the limit that may be prescribed.

Annotations

Amendments:

F426

Substituted (6.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 6(1), commenced as per subs. (2).

F427

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 11, S.I. No. 154 of 2021.

F428

Substituted (5.01.2026) by Social Welfare and Automatic Enrolment Retirement Savings System (Amendment) Act 2025 (19/2025), s. 4(1), commenced as per subs. (2).

Editorial Notes:

E412

Power pursuant to subs. (1)(a)(iii) exercised (6.01.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Maternity and Adoptive Benefit) Regulations 2013 (S.I. No. 514 of 2013), art. 3(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 40(2)—in effect as per art. 2.

E413

Power pursuant to subs. (1)(a)(i) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 40(1), in effect as per art. 2.

E414

Power pursuant to subs. (1)(a)(iii) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 40(2), in effect as per art. 2.

E415

Power pursuant to subs. (2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 41, in effect as per art. 2.

E416

Previous affecting provision: subs. (1)(b)(ii) amended (6.01.2025) by Social Welfare Act 2024 (36/2024), s. 5(1), commenced as per subs. (2); substituted (5.01.2026) as per F-Note above.

E417

Previous affecting provision: subs. (1)(b)(ii) amended (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 5, commenced as per s. 1(3); substituted (6.01.2025) as per E-Note above.

E418

Previous affecting provision: subs. (1)(b)(ii) amended (2.01.2023) by Social Welfare Act 2022 (43/2022), s. 6(1), commenced as per subs. (2); substituted (1.01.2024) as per E-Note above.

E419

Previous affecting provision: subs. (1)(b)(ii) amended (3.01.2022) by Social Welfare Act 2021 (44/2021), s. 6(1), commenced as per subs. (2); substituted (2.01.2023) as per E-Note above.

E420

Previous affecting provision: subs. (1)(b)(ii) amended (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 6(1), commenced as per subs. (2) and S.I. No. 655 of 2018; substituted (3.01.2022) as per E-Note above.

E421

Previous affecting provision: subs. (1)(b)(ii) amended (26.03.2018) by Social Welfare Act 2017 (38/2017), s. 5(1), commenced as per subs. (2); substituted (25.03.2019) as per E-Note above.

E422

Previous affecting provision: subs. (1)(b)(ii) amended (13.03.2017) by Social Welfare Act 2016 (15/2016), s. 7(1), commenced as per subs. (2); substituted (26.03.2018) as per E-Note above.

E423

Previous affecting provision: power pursuant to subs. (1)(a) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 4(b)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25E(1)—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.

E424

Previous affecting provision: power pursuant to subs. (2) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 23—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25F—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.

E425

Previous affecting provision: subs. (1)(b) amended (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006; substituted (6.01.2014) as per F-Note above.

E426

Previous affecting provision: subs. (1)(a) amended (1.01.2006) by Social Welfare Act 2005 (30/2005), s. 8(1)(b), commenced as per subs. (2)(a); substituted (6.01.2014) as per F-Note above.

E427

Previous affecting provision: power pursuant to statutory precursor of subs. (1)(a) exercised (19.04.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 1995 (S.I. No. 94 of 1995), art. 5—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25E(1)—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.

E428

Previous affecting provision: power pursuant tostatutory precursor of subs. (1)(c) exercised (19.04.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 1995 (S.I. No. 94 of 1995), art. 5—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25E(2)—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.

E429

Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (9.06.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations 1997 (S.I. No. 249 of 1997), art. 4(1)(c)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 25F—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.