Social Welfare and Pensions Act 2005
Number 4 of 2005
SOCIAL WELFARE AND PENSIONS ACT 2005
REVISED
Updated to 9 January 2023
This Revised Act is an administrative consolidation of Social Welfare and Pensions Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 4 of 2005
SOCIAL WELFARE AND PENSIONS ACT 2005
REVISED
Updated to 9 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Pensions Acts 1990 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 1(3)). The Acts in this group are:
• Pensions Act 1990 (25/1990)
• Pensions (Amendment) Act 1996 (18/1996)
• Pensions (Amendment) Act 2002 (18/2002)
• Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 24
• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), ss. 22 and 23
• Equality Act 2004 (24/2004), Part 4
• Social Welfare and Pensions Act 2005 (4/2005), ss. 27-39
• Social Welfare Law Reform and Pensions Act 2006 (5/2006), ss. 38-44
• Social Welfare and Pensions Act 2007 (8/2007), s. 37
• Social Welfare and Pensions Act 2008 (2/2008), ss. 26-29
• Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 24
• Social Welfare And Pensions Act 2009 (10/2009), Part 5
• Social Welfare And Pensions (No. 2) Act 2009 (43/2009), Part 3
• Social Welfare and Pensions Act 2010 (37/2010), Part 5
• Social Welfare and Pensions Act 2011 (9/2011), Part 4
• Social Welfare and Pensions Act 2012 (12/2012), Part 3
• Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 4
• Social Welfare and Pensions Act 2013 (38/2013), Part 4
• Social Welfare and Pensions (No. 2) Act 2013 (49/2013), Part 3
• Social Welfare and Pensions Act 2014 (16/2014), Part 3
• Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 4
• Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 2
• Social Welfare and Pensions Act 2015 (47/2015), Part 3
• Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), Part 3 (s. 27)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Social Welfare Consolidation Act 2005 (26/2005)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Social Welfare and Pensions Act 2005 (Part 3) (Commencement) Order 2005 (S.I. No. 591 of 2005)
• Social Welfare and Pensions Act 2005 (Section 7 (1)) (Commencement) Order 2005 (S.I. No. 230 of 2005)
• Social Welfare and Pensions Act 2005 (Sections 38 & 39) (Commencement) Order 2005 (S.I. No. 187 of 2005)
• Social Welfare and Pensions Act 2005 (Sections 16, 24, 25 and 26) (Commencement) Order 2005 (S.I. No. 182 of 2005)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 4 of 2005
SOCIAL WELFARE AND PENSIONS ACT 2005
REVISED
Updated to 9 January 2023
ARRANGEMENT OF SECTIONS
Short Title, Construction, Collective Citation and Commencement
Section |
|
1. |
Short title, construction, collective citation and commencement. |
Amendments to the Social Welfare Acts
Amendments to the Pensions Act 1990
27. |
|
28. |
|
29. |
|
30. |
|
31. |
|
32. |
|
33. |
|
34. |
|
35. |
|
36. |
|
37. |
|
38. |
|
39. |
Amendments to Principal Act Consequential on the Health Act 2004
(Repealed)
Third Schedule — Rules as to Calculation of Means
(Repealed)
Amendments Consequential on Substitution of Third Schedule of Principal Act
(Repealed)
Pre-Consolidation Amendments
(Repealed)
Ninth Schedule — Specified Bodies
(Repealed)
Acts Referred to |
|
Army Pensions Acts 1923 to 1980 |
|
Bankruptcy Act 1988 |
|
Blind Persons Act 1920 |
1920, c.49 |
Child Care Act 1991 |
|
Civil Liability (Amendment) Act 1964 |
|
Companies Act 1990 |
|
Connaught Rangers (Pensions) Acts 1936 to 1964 |
|
Criminal Justice (Theft and Fraud Offences) Act 2001 |
|
Education Act 1998 |
|
Finance Act 1921 |
11 & 12 Geo. 5, c.32 |
Finance Act 1958 |
|
Fisheries (Consolidation) Act 1959 |
|
Health (Nursing Homes) Act 1990 |
|
Health Act 1970 |
|
Health Act 2004 |
|
Health Contributions Act 1979 |
|
Housing (Miscellaneous Provisions) Act 1997 |
|
Income Tax Act 1967 |
|
Industrial Training Act 1967 |
|
Larceny Act 1916 |
6 & 7 Geo. 5, c.50 |
Local Authorities (Higher Education Grants) Acts 1968 to 1992 |
|
Local Government Act 2001 |
|
Mental Health Act 2001 |
|
Mental Health Acts 1945 to 2001 |
|
Mental Treatment Act 1945 |
|
Mental Treatment Acts 1945 to 1966 |
|
Military Service (Pensions) Acts 1924 to 1964 |
|
National Council for Education Awards Act 1979 |
|
Pensions (Amendment) Act 1996 |
|
Pensions (Amendment) Act 2002 |
|
Pensions Act 1990 |
|
Pensions Acts 1990 to 2004 |
|
Qualifications (Education and Training) Act 1999 |
|
Regional Technical Colleges Acts 1992 to 2001 |
|
Social Welfare (Consolidation) Act 1993 |
|
Social Welfare (Miscellaneous Provisions) Act 2002 |
|
Social Welfare (Miscellaneous Provisions) Act 2003 |
|
Social Welfare (Miscellaneous Provisions) Act 2004 |
|
Social Welfare (No. 2) Act 1993 |
|
Social Welfare Act 1992 |
|
Social Welfare Act 1993 |
|
Social Welfare Act 1996 |
|
Social Welfare Act 1997 |
|
Social Welfare Act 1998 |
|
Social Welfare Act 1999 |
|
Social Welfare Act 2000 |
|
Social Welfare Act 2001 |
|
Social Welfare Acts |
|
Taxes Consolidation Act 1997 |
|
Universities Acts 1997 and 1999 |
|
Vocational Education Act 1930 |
Number 4 of 2005
SOCIAL WELFARE AND PENSIONS ACT 2005
REVISED
Updated to 9 January 2023
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND, FOR THE PURPOSE OF GIVING EFFECT TO DIRECTIVE 2003/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL1AND FOR OTHER PURPOSES, TO AMEND AND EXTEND THE PENSIONS ACT 1990. [14th March, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: