Social Welfare and Pensions Act 2009
Number 10 of 2009
SOCIAL WELFARE AND PENSIONS ACT 2009
REVISED
Updated to 9 January 2023
This Revised Act is an administrative consolidation of the Social Welfare and Pensions Act 2009. 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 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 10 of 2009
SOCIAL WELFARE AND PENSIONS ACT 2009
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
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
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
• Pensions Insolvency Payment Scheme (Amendment) Scheme 2011 (S.I. No. 624 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Pensions Insolvency Payment Scheme (Amendment) Scheme 2010 (S.I. No. 687 of 2010)
• Pensions Insolvency Payment Scheme 2010 (S.I. No. 4 of 2010)
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 10 of 2009
SOCIAL WELFARE AND PENSIONS ACT 2009
REVISED
Updated to 9 January 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and construction.
Amendments to Social Welfare Acts
3. Employment contributions — amendment to income ceiling.
4. Optional contributions — amendment to income ceiling.
5. Jobseeker’s benefit — amendments.
6. Jobseeker’s allowance — amendments.
7. Supplementary welfare allowance — amendments.
8. Early childcare supplement — amendment.
10. Domiciliary care allowance — late claims.
Amendment to Health Contributions Act 1979
12. Amendments to Act of 1979.
Amendent to the Financial Emergency Measures in the Public Interest Act 2009
13. Amendment of Financial Emergency Measures in the Public Interest Act 2009.
Provisions in Relation to Pension Schemes
15. Amendment of section 41 of Principal Act.
16. Priorities on winding up of relevant scheme.
17. Amendment of section 50 of Principal Act.
18. Power to amend relevant scheme.
19. Power of court to grant relief from liability for breach of trust.
20. Amendment of section 3 of Principal Act.
21. Evidence in proceedings for an offence.
Acts Referred to
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1991,No. 17 |
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2001,No. 24 |
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Companies Acts |
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Financial Emergency Measures in the Public Interest Act 2009 |
2009,No. 5 |
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2004,No. 42 |
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1979,No. 4 |
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1988,No. 28 |
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Income Tax Acts |
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1990,No. 18 |
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1990,No. 25 |
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1996, No. 18 |
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2002, No. 18 |
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1984, No. 21 |
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Social Welfare Acts |
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2005,No. 4 |
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2007,No. 8 |
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2008,No. 2 |
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2005,No. 26 |
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2006,No. 5 |
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2008, No. 22 |
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1997,No. 39 |
Number 10 of 2009
SOCIAL WELFARE AND PENSIONS ACT 2009
REVISED
Updated to 9 January 2023
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009 AND THE HEALTH CONTRIBUTIONS ACT 1979; TO MAKE PROVISION IN RELATION TO THE PRIORITIES UPON THE WINDING UP OF A PENSION SCHEME AND THE REDUCTION IN BENEFITS PAYABLE UNDER CERTAIN PENSION SCHEMES; TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN DOCUMENTS IN EVIDENCE IN PROCEEDINGS FOR CERTAIN OFFENCES; FOR THOSE PURPOSES TO AMEND THE PENSIONS ACT 1990; TO ENABLE THE MINISTER FOR FINANCE TO MAKE A SCHEME PROVIDING FOR THE MAKING OF CERTAIN PAYMENTS IN RESPECT OF CERTAIN INSOLVENT PENSION SCHEMES; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[29th April, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: