Social Welfare Consolidation Act 2005
Social Insurance Fund — expenditure on benefit.
[2000 s29(a)]
7.—(1) Benefit shall be paid or provided for out of the Social Insurance Fund.
[2000 s29(a)]
(2) A reference to benefit in section 6 and this section includes:
(a) the benefits described in section 39,
(b) a relevant payment within the meaning of section 178(1)(a),
(c) schemes administered by the Minister and known as—
(i) Free Fuel Allowance,
(ii) Free Electricity Allowance,
(iii) Free Television Licence,
(iv) Free Telephone Rental Allowance,
(v) Free Natural Gas Allowance, and
(vi) Free Bottled Gas Allowance,
where those allowances are payable in respect of a person in receipt of a benefit under section 39(1) or a relevant payment within the meaning of section 178(1)(a),
[2002 (MP) s13]
(d) a payment under regulations made under section 138 in respect of dental treatment or optical treatment and appliances which would have been payable in respect of a person but for the fact that the person availed of a service in respect of dental treatment or optical treatment and appliances under sections 45 F95[, 45A] and 67 of the Health Act 1970,
(e) any benefit to which section 39(1) refers which would have been payable in respect of a person but for the receipt by that person of F96[State pension (non-contributory)],
(f) any increase in any benefit to which section 39(1) refers which would have been payable in respect of a person, but for the receipt by that person of an F96[State pension (non-contributory)] in his or her own right, and
(g) F97[jobseeker’s benefit, jobseeker’s benefit (self-employed) or jobseeker’s pay-related benefit, any of which would] have been payable in respect of a person but for the receipt by that person of F98[jobseeker’s allowance].
[2000 s29(a)]
(3) Benefit to be paid or provided for out of the Social Insurance Fund shall include such sums as the Minister may estimate on the basis that may be agreed on between the Minister and the Minister for Finance in respect of the benefits set out in subsection (2)(c), (d), (e), (f) and (g).
[2000 s29(a)]
(4) There shall be paid out of the Social Insurance Fund—
(a) to the Minister for Health and Children the sum agreed between the Minister and the Minister for Finance in respect of the benefit set out in subsection (2)(d), and
(b) to the Exchequer in respect of the sums agreed between the Minister and the Minister for Finance in respect of the benefits set out in subsection (2)(c), (e), (f) and (g),
in the manner and at the times the Minister may determine.
F99[(5) Benefit to be paid or provided for out of the Social Insurance Fund shall include such sums as the Minister may estimate on the basis that may be agreed between the Minister and the Minister for Public Expenditure and Reform in respect of the payments, commonly known as the pandemic unemployment payments, made under section 202 on and after 13 March 2020 to the relevant date to address the adverse economic effects of the spread of the disease known as Covid-19 and such payments shall be treated as having been paid under—
(a) Chapter 12 of Part 2, insofar as those payments relate to persons to whom that Chapter applies,
(b) Chapter 12A of Part 2, insofar as those payments relate to self-employed contributors to whom that Chapter applies, or
(c) Chapter 2 of Part 3, insofar as those payments relate to persons to whom that Chapter applies.
(6) In subsection (5), ‘relevant date’ means the date on which Chapter 12B (inserted by section 11 of the Social Welfare (Covid-19) (Amendment) Act 2020) comes into operation.]
Annotations
Amendments:
F95
Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 9, commenced as per s. 1(2).
F96
Substituted (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006.
F97
Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 2, S.I. No. 499 of 2024.
F98
Substituted (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006.
F99
Inserted (5.08.2020) by Social Welfare (Covid-19) (Amendment) Act 2020 (12/2020), s. 6, commenced on enactment.
Modifications (not altering text):
C15
Application of subs. (4) extended (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. 8, in effect as per art. 2.
Transfer of adjusted capital value of pension rights of relevant person.
8. (1) Subject to this article, where—
(a) the Minister has provided information in relation to the pension rights of a relevant person to the European Pension Services in accordance with article 5, and
(b) a request is subsequently made by the European Pension Services for the transfer of the adjusted capital value of the pension rights of that relevant person,
the Minister shall, as soon as practical, transfer the adjusted capital value of the pension rights of that relevant person, calculated in accordance with article 7, from the Social Insurance Fund to the Pension Scheme of the European Union’s Institutions in the manner advised by the European Pension Services.
(2) A transfer in accordance with this article shall not be made in any case where—
(a) the relevant person has qualified for any of the pensions specified in article 5(3), and
(b) the adjusted capital value in respect of which the transfer is to be made relates to contributions that have been reckoned as qualifying contributions for the purposes of the contribution conditions for entitlement to any such pension.
C16
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:
E96
Previous affecting provision: subs. (2)(g) amended (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 3, S.I. No. 550 of 2019; substituted (31.03.2025) as per F-Note above.
E97
Previous affecting provision: subs. (2)(g) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (31.03.2025) as per F-Note above.
E98
Previous affecting provision: subs. (2)(g) amended (5.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 6, S.I. No. 334 of 2006; substituted (31.03.2025) as per F-Note above.
