Number 2 of 2008

SOCIAL WELFARE AND PENSIONS ACT 2008

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

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 Act 2017 (38/2017)

• Financial Services and Pensions Ombudsman Act 2017 (22/2017)

• Social Welfare and Pensions Act 2015 (47/2015)

• 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 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 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 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.