Social Welfare and Pensions Act 2008
Number 2 of 2008
SOCIAL WELFARE AND PENSIONS ACT 2008
REVISED
Updated to 26 July 2017
This Revised Act is an administrative consolidation of the Social Welfare and Pensions Act 2008. 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Appointment of Special Advisers (Minister for Transport, Tourism and Sport) Order 2017 (S.I. No. 265 of 2017), made 26 July 2017, 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 2 of 2008
SOCIAL WELFARE AND PENSIONS ACT 2008
REVISED
Updated to 26 July 2017
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 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Social Welfare and Pensions Act 2015 (47/2015), 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
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 1994, 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 and Pensions Act 2014 (16/2014)
• Social Welfare and Pensions Act 2011 (9/2011)
• Social Welfare and Pensions Act 2010 (37/2010)
• Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)
All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Social Welfare and Pensions Act 2008 (Sections 18(2), 18(3) and 18(4)) (Commencement) Order 2011 (S.I. No. 496 of 2011)
• Social Welfare and Pensions Act 2008 (Section 16(c)) (Commencement) Order 2010 (S.I. No. 246 of 2010)
• Social Welfare and Pensions Act 2008 (Section 28) (Commencement) Order 2009 (S.I. No. 506 of 2009)
• Social Welfare and Pensions Act 2008 (Section 17) (Commencement) Order 2009 (S.I. No. 347 of 2009)
• Social Welfare and Pensions Act 2008 (Sections 15 and 16) (Commencement) Order 2009 (S.I. No. 143 of 2009)
• Social Welfare and Pensions Act 2008 (Section 27) (Commencement) (No. 2) Order 2008 (S.I. No. 398 of 2008)
• Social Welfare and Pensions Act 2008 (Section 27) (Commencement) Order 2008 (S.I. No. 277 of 2008)
• Social Welfare and Pensions Act 2008 (Sections 26, 29, 30 and 31) (Commencement) Order 2008 (S.I. No. 84 of 2008)
All statutory instruments up to and including Appointment of Special Advisers (Minister for Transport, Tourism and Sport) Order 2017 (S.I. No. 365 of 2017), made 26 July 2017, were considered in the preparation of this revision.
Number 2 of 2008
SOCIAL WELFARE AND PENSIONS ACT 2008
REVISED
Updated to 26 July 2017
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, construction, collective citation and commencement.
Amendment of Social Welfare Acts
4. Early childcare supplement — increase in rate.
5. Transfer of pension rights to EC institutions scheme. (Repealed)
6. Illness benefit — improvement.
7. State pension (non-contributory) — improvements.
8. One-parent family payment — increase in income limit and amendment.
9. Respite care grant — increase.
10. Detention in legal custody.
11. State pension (contributory) — homemakers.
13. Blind welfare allowance — consequential amendments.
14. Blind welfare allowance — commencement and transitional.
15. Domiciliary care allowance.
16. Domiciliary care allowance — consequential amendments.
17. Domiciliary care allowance — commencement and transitional.
18. Supplementary welfare allowance.
20. Payments to persons other than claimant or beneficiary.
21. Provisions with respect to habitual residence.
24. Supplementary welfare allowance — calculation of weekly means.
25. Amendments of Act of 2007.
Amendment of Pensions Act 1990
27. Registered administrators.
29. Miscellaneous amendments of Pensions Act 1990.
Amendment of Other Acts
30. Amendment of Family Law Act 1995.
31. Amendment of Family Law (Divorce) Act 1996.
Amendments Relating to Supplementary Welfare Allowance
Formal Amendments of the Pensions Act 1990
Acts Referred to
Blind Persons Act 1920 |
10 & 11 Geo. 5, c. 49 |
2001, No. 24 |
|
1990, No. 33 |
|
2006, No. 11 |
|
1995, No. 26 |
|
1996, No. 33 |
|
1947, No. 28 |
|
1970, No. 1 |
|
1979, No. 4 |
|
Lunacy (Ireland) Act 1821 |
1 & 2 Geo. 4, c. 33 |
2001, No. 25 |
|
1996, No. 18 |
|
2002, No. 18 |
|
1990, No. 25 |
|
Pensions Acts 1990 to 2006 |
|
Social Welfare Acts |
|
2007, No. 8 |
|
2005, No. 26 |
|
2006, No. 5 |
|
1997, No. 39 |
|
Trial of Lunatics Act 1883 |
46 & 47 Vic., c. 38 |
Number 2 of 2008
SOCIAL WELFARE AND PENSIONS ACT 2008
REVISED
Updated to 26 July 2017
AN ACT TO AMEND THE SOCIAL WELFARE ACTS AND THE PENSIONS ACT 1990 AND TO MAKE RELATED AMENDMENTS OF THE FAMILY LAW ACT 1995 AND THE FAMILY LAW (DIVORCE) ACT 1996.
[7 th March, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: