Social Welfare Law Reform and Pensions Act 2006

Number 5 of 2006

SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006

REVISED

Updated to 1 January 2018

This Revised Act is an administrative consolidation of the Social Welfare Law Reform and Pensions Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, 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 5 of 2006


SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006

REVISED

Updated to 3 January 2018


ARRANGEMENT OF SECTIONS

PART 1

Short Title, Construction, Collective Citation and Commencement

Section

1. Short title, construction, collective citation and commencement.

PART 2

Amendments to the Social Welfare Acts

2. Definition (Part 2).

3. Child benefit — new rates.

4. Renaming of certain social welfare schemes.

5. Reckonable income — amendment to definition.

6. Rates of self-employed contributions and related matters.

7. Carer’s benefit — extension of duration of payment.

8. Decision by deciding officer — homemakers.

9. Old age (contributory) pension — improvement.

10. Conditions for receipt of old age (contributory) pension — amendment.

11. Old age contributory pension — automatic entitlement for invalidity pension recipients.

12. Old age (contributory) pension — automatic entitlement for retirement pension recipients.

13. Retirement pension — improvement.

14. Conditions for receipt of retirement pension — amendment.

15. Pre-retirement allowance — payment of allowance.

16. State pension (non-contributory).

17. State pension (non-contributory) — consequential amendments to Principal Act.

18. Amendment to widowed parent grant.

19. Amendment to description of social assistance.

20. Blind pension — amendments.

21. Amendment to widow’s (non-contributory) pension and widower’s (non-contributory) pension.

22. Amendment to one-parent family payment.

23. Amendment to transitional provisions — relevant payments.

24. State pension (non-contributory) — assessment of means.

25. Assessment of means — insertion of new Part 5.

26. Orphan’s (non-contributory) pension — amendment.

27. One-parent family payment — increase in income threshold.

28. Early childcare supplement — provision.

29. Early childcare supplement — consequential amendments to Principal Act.

30. Respite care grant — increase in rate.

31. Family income supplement — improvement.

32. Provisions relating to entitlement — amendment.

33. Means assessment — amendments.

34. Supplementary welfare allowance — improvement in means assessment.

35. Personal public service number — additional specified bodies.

36. Recovery of payments from financial institutions — amendment.

37. Miscellaneous amendments to Principal Act.

PART 3

Amendments to the Pensions Act 1990

38. Definition (Part 3).

39. Notice of intention by Pensions Board to prosecute.

40. Indemnity.

41. Index-linked benefits.

42. Review of actuarial work.

43. Functions of Pensions Ombudsman. (Repealed)

44. Miscellaneous amendments to Principal Act.

PART 4

Miscellaneous Amendments to other Acts

45. Amendment to Combat Poverty Agency Act 1986.

46. Amendment to Freedom of Information Act 1997.

47. Amendment to Taxes Consolidation Act 1997.

48. Amendment to Carer’s Leave Act 2001.

SCHEDULE 1

Renaming of certain Social Welfare Schemes

SCHEDULE 2

Rates of Assistance

SCHEDULE 3

State Pension (non-contributory) — Consequential Amendments to Principal Act

SCHEDULE 4

State Pension (non-contributory) — Assessment of Means

SCHEDULE 5

Blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension and orphan’s (non-contributory) pension, one-parent family payment and carer’s allowance — Assessment of Means

SCHEDULE 6

Early Childcare Supplement — Consequential Amendments to Principal Act

SCHEDULE 7

Miscellaneous Amendments to Principal Act

SCHEDULE 8

Miscellaneous Amendments to Pensions Act 1990

SCHEDULE 9

Amendments to Carer’s Leave Act 2001


Acts Referred to

Army Pensions Acts 1923 to 1980

Blind Persons Act 1920

10 & 11, Geo. 5, c. 49

Carer’s Leave Act 2001

2001, No. 19

Combat Poverty Agency Act 1986

1986, No. 14

Comhairle Act 2000

2000, No. 1

Companies Acts 1963 to 2005

Connaught Rangers (Pensions) Acts 1936 to 1964

Credit Union Act 1997

1997, No. 15

Freedom of Information Act 1997

1997, No. 13

Income Tax Acts

Military Service Pensions Acts 1924 to 1964

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2005

Social Welfare Acts

Social Welfare Act 2005

2005, No. 30

Social Welfare and Pensions Act 2005

2005, No. 4

Social Welfare Consolidation Act 2005

2005, No. 26

Taxes Consolidation Act 1997

1997, No. 39


Number 5 of 2006


SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE PENSIONS ACT 1990, THE COMBAT POVERTY AGENCY ACT 1986, THE FREEDOM OF INFORMATION ACT 1997, THE TAXES CONSOLIDATION ACT 1997 AND THE CARER’S LEAVE ACT 2001.

[24th March, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: