Social Welfare and Pensions Act 2011


Number 9 of 2011


SOCIAL WELFARE AND PENSIONS ACT 2011

REVISED

Updated to 22 December 2020


This Revised Act is an administrative consolidation of the Social Welfare and Pensions Act 2011. 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 Social Welfare Act 2020 (30/2020), enacted 22 December 2020, and all statutory instruments up to and including the Appointment of Special Advisers (Leader, Minister for the Environment, Climate and Communications and Minister for Transport) Order 2020 (S.I. No. 754 of 2020), made 22 December 2020, 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 00 of 0000


SOCIAL WELFARE AND PENSIONS ACT 2011

REVISED

Updated to 22 December 2020


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

Social Welfare Acts : references in any other enactment to the "Social Welfare Acts" means the Social Welfare Consolidation Act 2005 (26/2005) and every other enactment which is to be read together with it as one ( Social Welfare Consolidation Act 2005 (26/2005), s. 3(8)). The Acts in this group are:

Social Welfare Consolidation Act 2005 (26/2005), other than s. 13

Social Welfare Law Reform and Pensions Act 2006 (5/2006), ss. 1 to 37

Social Welfare Act 2006 (36/2006), other than s. 13

Social Welfare and Pensions Act 2007 (8/2007), ss. 1 to 36

Social Welfare Act 2007 (40/2007), other than s. 8

Social Welfare and Pensions Act 2008 (2/2008), ss. 2 to 25

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), Parts 1 and 2

Social Welfare and Pensions Act 2009 (10/2009), ss. 2 to 11

Social Welfare and Pensions (No. 2) Act 2009 (43/2009), other than Part 3

Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), Parts 1 and 2

Social Welfare Act 2010 (34/2010), other than s. 15(1)-(3)

Social Welfare and Pensions Act 2010 (37/2010), Parts 1, 2 and 4, s. 29 and Schedules 1, 2 and 3

Social Welfare and Pensions Act 2011 (9/2011), Part 2

Social Welfare Act 2011 (37/2011), Parts 1 and 2

Social Welfare and Pensions Act 2012 (12/2012), Parts 1 and 2

Social Welfare Act 2012 (43/2012), other than Part 3

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Parts 1 and 2

Social Welfare and Pensions Act 2013 (38/2013), Parts 1 and 2

Social Welfare and Pensions (No. 2) Act 2013 (49/2013), Parts 1 and 2

Social Welfare and Pensions Act 2014 (16/2014), Part 2

Social Welfare and Pensions (No. 2) Act 2014 (41/2014), other than s. 4

Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), Part 2

Social Welfare and Pensions Act 2015 (47/2015), Part 2

Social Welfare Act 2016 (15/2016)

Social Welfare Act 2017 (38/2017), Part 2

Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), Part 2

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), Part 11 (Repealed)

Social Welfare Act 2019 (34/2019), other than Part 3

Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (1/2020), Part 2

Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 28(5)(g), (h)

Social Welfare (Covid-19) (Amendment) Act 2020 (12/2020)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), Part 14

Social Welfare Act 2020 (30/2020)

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 2020 (30/2020)

All Acts up to and including Social Welfare Act 2020 (30/2020), enacted 22 December 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions Act 2011 (Section 16(6)) (Commencement) Order 2011 (S.I. No. 704 of 2011)

Social Welfare and Pensions Act 2011 (Section 10) (Commencement) Order 2011 (S.I. No. 494 of 2011)

All statutory instruments up to and including Appointment of Special Advisers (Leader, Minister for the Environment, Climate and Communications and Minister for Transport) Order 2020 (S.I. No. 754 of 2020), made 22 December 2020, were considered in the preparation of this revision.


Number 9 of 2011


SOCIAL WELFARE AND PENSIONS ACT 2011

REVISED

Updated to 22 December 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

PART 2

Amendments to Social Welfare Acts

2. Definition.

3. Amendment of section 13 of Principal Act.

4. Description of benefits.

5. Discontinuance of death benefit — parents.

6. Discontinuance of State pension (transition).

7. Increase in pensionable age. (Repealed)

8. Amendment of section 144 of Principal Act.

9. One-parent family payment — amendments.

10. Supplementary welfare allowance — amendments.

11. Amendments to Principal Act relating to assessment of means.

12. Information to be supplied by claimants and beneficiaries.

13. Amendment of section 250 of Principal Act.

14. Allocation of personal public service number in certain circumstances.

15. Cancellation and surrender of public services card.

16. National internship scheme — amendments to Principal Act.

17. Repayment of amounts due to be deferred, suspended or cancelled.

18. Repayment of amounts due arising from false or misleading statements or wilful concealment of facts.

19. Supplementary welfare allowance — calculation of means.

20. Specified bodies.

PART 3

Amendments and Modification to other Enactments

21. Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities.

22. Amendment of National Minimum Wage Act 2000.

23. Reduction in national training fund levy in certain circumstances.

24. Disapplication of section 7 of Official Languages Act 2003.

PART 4

Amendments to Pensions Act 1990

Chapter 1

Definition

25. Definition.

Chapter 2

Regulatory own funds

26. Amendment of section 2 of Principal Act.

27. Amendment of section 40 of Principal Act.

28. Amendment of section 41 of Principal Act.

29. Amendment of section 43 of Principal Act.

30. Amendment of section 49 of Principal Act.

31. Amendment of section 50 of Principal Act.

32. Amendment of section 50A of Principal Act.

33. Amendment of section 51 of Principal Act.

34. Amendment of section 51A of Principal Act.

35. Regulatory Own Funds Schemes.

36. Amendment of section 54 of Principal Act.

37. Amendment of section 55 of Principal Act.

38. Amendment of section 56 of Principal Act.

39. Amendment of section 64D of Principal Act.

Chapter 3

Certification of certain policies or contracts of assurance

40. Amendment of section 48 of Principal Act.

41. Certification of certain policies or contracts of assurance.

42. Amendment of Part IVA of Principal Act.

43. Amendment of section 59 of Principal Act.


Acts Referred to

Citizens Information Acts 2000 to 2008

Comhairle Act 2000

2000, No. 1

Companies Acts

European Parliament Elections Act 1997

1997, No. 2

Finance Act 1970

1970, No. 14

Financial Emergency Measures in the Public Interest Act 2010

2010, No. 38

Industrial Training Act 1967

1967, No. 5

Insurance Act 1989

1989, No. 3

National Minimum Wage Act 2000

2000, No. 5

National Training Fund Act 2000

2000, No. 41

Official Languages Act 2003

2003, No. 32

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2010

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Social Welfare (Miscellaneous Provisions) Act 2008

2008, No. 22

Social Welfare (Miscellaneous Provisions) Act 2010

2010, No. 28

Social Welfare Act 2010

2010, No. 34

Social Welfare and Pensions (No. 2) Act 2009

2009, No. 43

Social Welfare and Pensions Act 2005

2005, No. 4

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare and Pensions Act 2008

2008, No. 2

Social Welfare and Pensions Act 2009

2009, No. 10

Social Welfare and Pensions Act 2010

2010, No. 37

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5

Tax Acts

Taxes Consolidation Act 1997

1997, No. 39


Number 9 of 2011


SOCIAL WELFARE AND PENSIONS ACT 2011

REVISED

Updated to 22 December 2020


AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND THE PENSIONS ACTS 1990 TO 2010, TO AMEND AND MODIFY OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[29 th June, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: