Social Welfare Consolidation Act 2005
Social Insurance Fund.
[1993 s7(1)]
9.—(1) The Social Insurance Fund (in this section and in section 11 referred to as “the Fund”), established under the Social Welfare Act 1952 and continued in being under section 7 of the Social Welfare (Consolidation) Act 1993, shall continue in being and to comprise a current account and an investment account.
[1993 s7(2)]
(2) The Minister shall manage and control the current account of the Fund.
[1993 s7(3)]
(3) The Minister for Finance shall manage and control the investment account of the Fund.
[1993 s7(4); 1998 s16]
(4) Save where otherwise specifically provided—
(a) F102[subject to subsection (9)(f),] sums payable into the Fund shall be paid into either the current account of the Fund or the investment account of the Fund, and
(b) sums payable out of the Fund shall be paid out of the current account of the Fund.
[1993 s7(5)]
(5) Moneys standing to the credit of the current account of the Fund and not required to meet current expenditure shall be transferred to the investment account of the Fund.
[1993 s7(6)]
(6) Whenever the moneys in the current account of the Fund are insufficient to meet the liabilities of that account, there shall be paid into that account from the investment account of the Fund the moneys necessary to meet those liabilities.
[1993 s7(7)]
(7) Subject to subsection (6), moneys standing to the credit of the investment account of the Fund shall be invested by the Minister for Finance and income arising from any such investment shall be paid into that account.
[1993 s7(8)]
(8) An investment under subsection (7) may be—
(a) in securities in which trustees are for the time being by law empowered to invest trust funds, or
(b) in any of the stocks, funds and securities which are for the time being authorised by law as investments for Post Office Savings Bank Funds.
[1993 s7(9)]
(9) (a) The amount by which the income of the Fund for any financial year is less than its expenditure shall be paid into the Fund out of moneys provided by the Oireachtas.
(b) The income and expenditure of the Fund for a financial year shall be determined for the purposes of this subsection by the Minister on the basis that may be agreed on between the Minister and the Minister for Finance.
F103[(c) The Minister may, for the purpose of maintaining a sufficient amount of moneys in the current account of the Fund, having regard to the sums payable from the current account, request the Minister for Finance to advance moneys to the special account of the Fund from the Central Fund.
(d) A request under paragraph (c) shall be approved by the Minister for Finance, following consultation with the Minister for Public Expenditure and Reform before any moneys are advanced to the special account of the Fund pursuant to a request under that paragraph.
(e) For the purposes of moneys advanced to the Fund pursuant to a request under paragraph (c) an account (in this section referred to as the ‘special account of the Fund’) shall be established which shall be—
(i) in the name of the Minister, and
(ii) an account with the Paymaster General.
(f) The Minister shall, subject to such conditions as the Minister for Finance considers appropriate, manage and control the special account of the Fund for the purpose of maintaining an amount of moneys in the current account of the Fund that is sufficient to meet the sums payable from that current account.
(g) Subject to subsection (6), whenever the moneys in the current account of the Fund are insufficient to meet the sums payable from that account, there shall be paid into that current account from the special account of the Fund the moneys necessary to meet those sums payable.]
[1993 s7(10)]
(10) Any sum payable into the Fund under subsection (9)(a) shall be paid in the manner and at the times as the Minister for Finance may determine.
[1993 s7(11)]
(11) Accounts of the Fund shall be prepared in the form and manner and at the times the Minister for Finance may direct and the Comptroller and Auditor General shall examine and certify every account and a copy of every account, together with the report thereon of the Comptroller and Auditor General, shall be laid before each House of the Oireachtas.
F104[(12) The Minister for Finance shall, in relation to the performance by him or her of his or her functions under this section, consult from time to time with the Minister for Public Expenditure and Reform.]
Annotations
Amendments:
F102
Inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 18(a), commenced on enactment.
F103
Inserted (1.05.2012) by Social Welfare and Pensions Act 2012 (12/2012), s. 18(b), commenced on enactment.
F104
Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 96(b), commenced as per s. 6 and S.I. No. 401 of 2011.
Editorial Notes:
E99
Deposit made by the Minister for Social Protection in respect of accounts held under s. 9 not a "relevant deposit" as defined in Taxes Consolidation Act 1997 (39/1997), s. 256(1)(a)(iiig), as inserted (1.01.2016) by Finance Act 2015 (52/2015), s. 16, commenced as per s. 90(8).
E100
Exemption from tax in respect of income derived from accounts held under s. 9 provided for by Taxes Consolidation Act 1997 (39/1997), s. 206(2), as inserted (1.01.2015) by Finance Act 2014 (37/2014), s. 21, commenced as per s. 101(8).
