Social Welfare (Miscellaneous Provisions) Act 2023
In short
This law, the Social Welfare (Miscellaneous Provisions) Act 2023, updates and expands the Social Welfare Acts, primarily by adjusting various social welfare payment rates and introducing new provisions related to statutory sick pay and State pension contributions for long-term carers.
What it regulates
- New rates for several social insurance benefits, including maternity, adoptive, paternity, and parent's benefits.
- Changes to the duration and rates of jobseeker's benefit and jobseeker's benefit (self-employed).
- Provisions for statutory sick pay and related amendments to the Sick Leave Act 2022 and Workplace Relations Act 2015.
- New rules for State Pension (Contributory) regarding long-term carer's qualifying contributions and the deferral of access to the pension.
Who it concerns
- Individuals receiving or applying for social welfare benefits such as maternity, adoptive, paternity, parent's, and jobseeker's benefits.
- Persons providing long-term care who may qualify for specific State pension contributions.
- Individuals affected by statutory sick pay provisions.
Key points
- Maternity, Adoptive, and Paternity benefits are set at a new rate of €274.
- Parent's benefit duration is amended from 7 consecutive weeks to 9 consecutive weeks, and the new rate is €274.
- Jobseeker's benefit rates are increased, with specific amounts varying based on earnings and income, for example, from €98.70 to €104.10, from €141.90 to €149.60, and from €172.30 to €181.70.
- The Act introduces a "long-term carer’s qualifying contribution" for the State Pension (Contributory) and allows for voluntary deferral of accessing this pension.
Legal text
Social Welfare (Miscellaneous Provisions) Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Social Welfare (Miscellaneous Provisions) Act 2023 Social Welfare (Miscellaneous Provisions) Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 37 of 2023 SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2023 CONTENTS PART 1 Preliminary and General Section 1. Short title, construction and commencement 2. Definitions PART 2 Amendments of Social Welfare Acts 3. Amendment of section 13 of Principal Act - employment contributions 4. Maternity benefit - new rate 5. Adoptive benefit - new rate 6. Paternity benefit - new rate 7. Parent’s benefit - amendment of duration of benefit 8. Parent’s benefit - new rate 9. Increase in rates of jobseeker’s benefit and jobseeker’s benefit (self-employed) relating to certain reckonable weekly earnings, certain weekly income and certain reckonable weekly income and certain periods 10. Amendment of section 119 of Principal Act 11. Amendment of section 141 of Principal Act (entitlement to jobseeker’s allowance) 12. Increase for qualified children 13. Amendment of section 219 of Principal Act 14. Working family payment 15. Amendment of section 290 of Principal Act 16. Amendment of section 300 of Principal Act 17. Social insurance benefits - new rates 18. Amendment of Schedule 3 to Principal Act 19. Social assistance payments - new rates 20. Domiciliary care allowance - new rate PART 3 Statutory Sick Pay 21. Amendment of section 5 of Sick Leave Act 2022 22. Amendment of Schedule 6 to Workplace Relations Act 2015 23. Amendment of section 2 of Principal Act 24. Illness benefit (entitlement to benefit) 25. Illness benefit (conditions for receipt) 26. Illness benefit (duration of payment) 27. Amendment of section 69 of Principal Act (occupational injuries benefits) - calculation of period in definition of "injury benefit period" 28. Occupational injuries benefits PART 4 State Pension (Contributory) - Long-Term Carer’s Qualifying Contribution and Deferral of State Pension (Contributory) 29. Amendment of section 2 of Principal Act 30. Amendment of section 12 of Principal Act (employed contributors and insured persons) 31. Amendment of section 13 of Principal Act (employment contributions) 32. Amendment of section 20 of Principal Act (self-employed contributors and insured persons) 33. Amendment of section 24 of Principal Act (voluntary contributors) 34. Amendment of section 25 of Principal Act (voluntary contributions by former employed contributors) 35. Amendment of section 40 of Principal Act (entitlement to illness benefit) 36. Amendment of section 44 of Principal Act (duration of illness benefit) 37. Amendment of section 46A of Principal Act (entitlement to partial capacity benefit) 38. Amendment of section 46C of Principal Act (duration of partial capacity benefit) 39. Amendment of section 62 of Principal Act (entitlement to jobseeker’s benefit) 40. Amendment of section 64 of Principal Act (conditions for receipt of jobseeker’s benefit) 41. Amendment of section 67 of Principal Act (duration of payment of jobseeker’s benefit) 42. Amendment of section 68C of Principal Act (entitlement to jobseeker’s benefit (self-employed)) 43. Amendment of section 68H of Principal Act (duration of jobseeker’s benefit (self-employed)) 44. Amendment of section 108 of Principal Act (entitlement to State pension (contributory)) 45. Long-term carer’s qualifying contribution 46. Amendment of section 109 of Principal Act (conditions for receipt of State pension (contributory)) 47. Amendment of section 110 of Principal Act 48. Rate of pension 49. Amendment of section 113A of Principal Act 50. Amendment of section 238B of Principal Act (entitlement to back to work family dividend) 51. Amendment of section 238C of Principal Act (duration of back to work family dividend) 52. Amendment of Part 1 of Schedule 2 to Principal Act 53. Specified weekly payments SCHEDULE 1 Social Insurance Benefits (New Rates) - Substitution of Parts 1 to 4 of Schedule 2 SCHEDULE 2 Social Assistance Payments (New Rates) - Substitution of Parts 1 to 3 of Schedule 4 Acts Referred to Credit Union Act 1997 (No. 15) Medical Practitioners Act 2007 (No. 25) Sick Leave Act 2022 (No. 24) Social Welfare Act 2021 (No. 44) Social Welfare Act 2022 (No. 43) Social Welfare Consolidation Act 2005 (No. 26) Social Welfare, Pensions and Civil Registration Act 2018 (No. 37) Workplace Relations Act 2015 (No. 16) Number 37 of 2023 SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2023 An Act to amend and extend the Social Welfare Acts; to amend the Sick Leave Act 2022 and the Workplace Relations Act 2015 ; to make provision for the attribution, in certain circumstances, for the purposes of the State pension (contributory), of contributions by certain persons who provide long-term care and attention to certain other persons and for the deferral, on a voluntary basis, by certain persons in certain circumstances in accessing the State pension (contributory) and for the phased transition to the total contributions approach in relation to the calculation of the State pension (contributory) and, for those and other purposes, to further amend and extend the Social Welfare Acts; and to provide for related matters. [14th December, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, construction and commencement 1.
- b)comes into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions. Definitions 2. In this Act— “Act of 2022” means the Social Welfare Act 2022 ; “Principal Act” means the Social Welfare Consolidation Act 2005 . PART 2 Amendments of Social Welfare Acts Amendment of section 13 of Principal Act – employment contributions 3. Section 13 of the Principal Act is amended, in subsection (4A), by the substitution of the following paragraph for paragraph (a): “(
- a)the exercise, on or before 31 December 2023, of a right in accordance with section 128 of the Act of 1997, or”. Maternity benefit – new rate 4. Section 49
- ii)€274.”. Paternity benefit – new rate 6. Section 61D (amended by section 7 of the Act of 2022) of the Principal Act is amended, by the substitution of the following paragraph for paragraph (b): “(
- b)€274.”. Parent’s benefit – amendment of duration of benefit 7.
- a)in paragraph (b)(i), by the substitution of “9 consecutive weeks” for “seven consecutive weeks”, (
- b)in paragraph (b)(ii), by the substitution of “9 consecutive weeks” for “seven consecutive weeks”, and (
- c)in paragraph (c), by the substitution of “9 weeks” for “7 weeks”.
- Parent’s benefit – new rate
- Section 61I (amended by section 8 of the Act of 2022) of the Principal Act is amended, by the substitution of the following paragraph for paragraph (b): “(b) €274.”. Increase in rates of jobseeker’s benefit and jobseeker’s benefit (self-employed) relating to certain reckonable weekly earnings, certain weekly income and certain reckonable weekly income and certain periods 9.
- a)in paragraphs (a), (
- d)and (g), by the substitution of “€104.10” for “€98.70” in each place where it occurs, (
- b)in paragraphs (b), (
- e)and (h), by the substitution of “€149.60” for “€141.90” in each place where it occurs, and (
- c)in paragraphs (c), (
- f)and (i), by the substitution of “€181.70” for “€172.30” in each place where it occurs.
- a)in paragraph (a), by the substitution of “€84.30” for “€78.90”, (
- b)in paragraph (b), by the substitution of “€121.20” for “€113.50”, and (
- c)in paragraph (c), by the substitution of “€147.20” for “€137.80”.
- a)in paragraph (a), by the substitution of “€104.10” for “€98.70”, (
- b)in paragraph (b), by the substitution of “€149.60” for “€141.90”, and (
- c)in paragraph (c), by the substitution of “€181.70” for “€172.30”.
- a)in paragraph (a), by the substitution of “€84.30” for “€78.90”, (
- b)in paragraph (b), by the substitution of “€121.20” for “€113.50”, and (
- c)in paragraph (c), by the substitution of “€147.20” for “€137.80”.
- Amendment of section 119 of Principal Act
- Section 119 of the Principal Act is amended, in subsection
- i)in paragraph (a), by the substitution of “Schedule 4” for “Schedule 2”, and (
- ii)in paragraph (b), by the substitution of “Schedule 4” for “Schedule 2”, (
- b)in section 161B
- i)in paragraph (a), by the substitution of “Schedule 4” for “Schedule 2”, and (
- ii)in paragraph (b), by the substitution of “Schedule 4” for “Schedule 2”, and (
- c)in section 174
- i)in paragraph (a), by the substitution of “Schedule 4” for “Schedule 2”, and (
- ii)in paragraph (b), by the substitution of “Schedule 4” for “Schedule 2”.
- a)in the case of a family which includes only 1 child, €645, (
- b)in the case of a family which includes 2 children, €746, (
- c)in the case of a family which includes 3 children, €847, (
- d)in the case of a family which includes 4 children, €938, (
- e)in the case of a family which includes 5 children, €1,064, (
- f)in the case of a family which includes 6 children, €1,180, (
- g)in the case of a family which includes 7 children, €1,316, or (
- h)in the case of a family which includes 8 or more children, €1,412.”.
- a)in paragraph (b), by the substitution of “€5,000” for “€2,000”, (
- b)by the substitution of the following paragraph for paragraph (c): “(
- c)the interest rate charged in respect of such borrowings, the maximum amount of which shall not exceed the interest rate specified by the Minister for Finance in an order under section 38
- c)in paragraph (d), by the substitution of “borrowings, and” for “borrowings.”, and (
- d)by the insertion of the following paragraph after paragraph (d): “(
- e)the discharge, by the Minister, of any transaction fee, which shall not exceed €0.50 per transaction, in respect of which repayments in relation to borrowings under this section are to be made by a beneficiary.”. Amendment of section 300 of Principal Act 16. Section 300 of the Principal Act is amended, in subsection
- a)by the substitution of “whether State pension (contributory)” for “whether old age (contributory) pension”, and (
- b)by the substitution of “receive a State pension (contributory)” for “receive an old age (contributory) pension”. Social insurance benefits – new rates 17.
- a)in so far as it relates to jobseeker’s benefit and jobseeker’s benefit (self employed), on 28 December 2023, (
- b)in so far as it relates to— (
- i)illness benefit, (
- ii)health and safety benefit, and (iii) injury benefit, on 1 January 2024, (
- c)in so far as it relates to— (
- i)carer’s benefit, (
- ii)invalidity pension, and (iii) a payment referred to in paragraph (
- a)of the definition of “relevant payment” in section 178
- d)in so far as it relates to— (
- i)death benefit under Chapter 13 (other than section 84) of the Principal Act, (
- ii)widow’s (contributory) pension, (iii) widower’s (contributory) pension, (
- iv)surviving civil partner’s (contributory) pension, (
- v)State pension (contributory), (
- vi)guardian’s payment (contributory), (vii) disablement pension, and (viii) disablement gratuity, on 5 January 2024. Amendment of Schedule 3 to Principal Act 18. Schedule 3 to the Principal Act is amended, in Rule 1A
- a)in so far as it relates to— (
- i)jobseeker’s allowance (other than where payable in accordance with section 148A of the Principal Act), and (
- ii)farm assist, on 27 December 2023, (
- b)in so far as it relates to supplementary welfare allowance, on 1 January 2024, (
- c)in so far as it relates to disability allowance, on 3 January 2024, (
- d)in so far as it relates to— (
- i)one-parent family payment (other than where payable in respect of a widow, widower or surviving civil partner), (
- ii)jobseeker’s allowance payable in accordance with section 148A of the Principal Act, (iii) a payment referred to in paragraph (
- b)or (
- c)of the definition of “relevant payment” in section 178
- iv)carer’s allowance, on 4 January 2024, and (
- e)in so far as it relates to— (
- i)State pension (non-contributory), (
- ii)blind pension, (iii) guardian’s payment (non-contributory), (
- iv)widow’s (non-contributory) pension, (
- v)widower’s (non-contributory) pension, (
- vi)surviving civil partner’s (non-contributory) pension, and (vii) one-parent family payment (payable in respect of a widow, widower or surviving civil partner), on 5 January 2024. Domiciliary care allowance – new rate 20. Part 5 of Schedule 4 (amended by section 16 of the Act of 2022) to the Principal Act is amended, by the substitution of “€340.00” for “€330.00”. PART 3 Statutory Sick Pay Amendment of section 5 of Sick Leave Act 2022 21. Section 5 of the Sick Leave Act 2022 is amended— (
- a)in subsection
- a)constituting statutory sick leave in the immediately previous calendar year, or (
- b)for which the employee was entitled to illness benefit or injury benefit.”, and (
- c)by the substitution of the following subsection for subsection
- a)for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or (
- b)for any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022. (2C) Subsection (2B) shall not apply in a case where an exemption is for the time being in force under section 10 of the Act of 2022 in respect of the employer of the person concerned. (2D) Notwithstanding subsections
- eb)for the purpose of paragraph (ea), in calculating the total of 624 days, the following days shall, in addition to any days in respect of which the person was in receipt of illness benefit, be included in the calculation: (
- i)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave; (
- ii)any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.”. Illness benefit (conditions for receipt) 25. Section 41 of the Principal Act is amended, by the insertion of the following subsection after subsection (5A): “(5B) For the purpose of subsection
- a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave; (
- b)any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.”. Illness benefit (duration of payment) 26. Section 44 of the Principal Act is amended— (
- a)by the insertion of the following subsection after subsection (1D): “(1E) For the purpose of subsection
- a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave; (
- b)any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.”, and (
- b)by the insertion of the following subsection after subsection (7A): “(7B) for the purpose of subsection
- a)any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave; (
- b)any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.”. Amendment of section 69 of Principal Act (occupational injuries benefits) - calculation of period in definition of “injury benefit period” 27. Section 69 of the Principal Act is amended, by the insertion of the following subsection after subsection
- a)any statutory sick leave days under the Act of 2022; (
- b)any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022.”. Occupational injuries benefits 28. Section 74 of the Principal Act is amended, by the insertion of the following subsections after subsection (2B): “(2C) Notwithstanding subsections
- a)for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or (
- b)for any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022. (2D) Subsection (2C) shall not apply in a case where an exemption is for the time being in force under section 10 of the Act of 2022 in respect of the employer of the person concerned. (2E) Notwithstanding subsections
- a)by the substitution of the following definition for the definition of “insurable employment”: “ ‘insurable employment’ means employment such that— (
- a)a person, over the age of 16 years and under pensionable age, or (
- b)a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), employed in that employment would be an employed contributor;”, and (
- b)by the insertion of the following definitions: “ ‘age referenced rate of State pension (contributory)’ has the meaning given to it by section 108; ‘long-term carer’s qualifying contribution’ has the meaning given to it by section 108A;”. Amendment of section 12 of Principal Act (employed contributors and insured persons) 30. Section 12
- a)subject to paragraph (b), every person— (
- i)over the age of 16 years and under pensionable age, or (
- ii)born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), who is employed in any of the employments specified in Part 1 of Schedule 1, not being an employment specified in Part 2 of that Schedule, shall be an employed contributor for the purposes of this Act, and”. Amendment of section 13 of Principal Act (employment contributions) 31. Section 13(4B) of the Principal Act is amended, by the substitution of the following paragraph for paragraph (a): “(
- a)deemed to be an employed contributor, where that person— (
- i)having attained the age of 16 years and not having attained pensionable age, or (
- ii)being a person born on or after 1 January 1958 who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), is no longer employed in an employment specified in Part 1 of Schedule 1, not being an employment specified in Part 2 of that Schedule, and”. Amendment of section 20 of Principal Act (self-employed contributors and insured persons) 32. Section 20
- a)every person— (
- i)over the age of 16 years and under pensionable age, or (
- ii)born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), (not being a person included in any of the classes of person specified in Part 3 of Schedule 1) who has reckonable income or reckonable emoluments, shall be a self-employed contributor for the purposes of this Act regardless of whether the person is also an employed contributor,”. Amendment of section 24 of Principal Act (voluntary contributors) 33. Section 24 of the Principal Act is amended, by the substitution of the following subsection for subsection
- a)otherwise than by reason of attaining pensionable age, or (
- b)otherwise than, in the case of a person born on or after 1 January 1958, by reason of having been awarded the State pension (contributory) or attaining the age of 70 years, and the person has qualifying contributions in respect of not less than 520 contribution weeks, he or she shall, on making application in the prescribed manner and within the prescribed period, be entitled to become an insured person paying contributions under this Act voluntarily (in this Act referred to as ‘a voluntary contributor’).”. Amendment of section 25 of Principal Act (voluntary contributions by former employed contributors) 34. Section 25
- a)a contribution (in this Act referred to as a ‘voluntary contribution’), in the case of— (
- i)a person who becomes a voluntary contributor by virtue of section 24
- a)and who is under pensionable age, or (
- ii)a person born on or after 1 January 1958 who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), shall be payable in each contribution year, at the time or times and in the manner that the Minister shall prescribe, at a percentage rate, as set out in paragraph (b), of the amount of the reckonable income (if any) of the contributor in the preceding contribution year or in an amount (‘minimum annual amount’), as set out in paragraph (b), whichever is the greater.”. Amendment of section 40 of Principal Act (entitlement to illness benefit) 35. Section 40
- a)on the day for which the benefit is claimed— (
- i)the person is under pensionable age, or (
- ii)the person was born on or after 1 January 1958 and has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),”. Amendment of section 44 of Principal Act (duration of illness benefit) 36. Section 44 of the Principal Act is amended, by the insertion of the following subsection after subsection
- a)was born on or after 1 January 1958, and (
- b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving illness benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.”. Amendment of section 46A of Principal Act (entitlement to partial capacity benefit) 37. Section 46A
- d)(
- i)is under pensionable age, or (
- ii)(I) was born on or after 1 January 1958 and has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), and (II) satisfies the requirement of clause (I) of subparagraph (
- i)of paragraph (c).”. Amendment of section 46C of Principal Act (duration of partial capacity benefit) 38. Section 46C of the Principal Act is amended, by the insertion of the following subsection after subsection
- a)was born on or after 1 January 1958, (
- b)is in receipt of partial capacity benefit by reason of having satisfied the requirement of section 46A
- a)on the day for which the benefit is claimed he or she— (
- i)is under pensionable age, or (
- ii)is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),”. Amendment of section 64 of Principal Act (conditions for receipt of jobseeker’s benefit) 40. Section 64
- a)was born on or after 1 January 1958, and (
- b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.”. Amendment of section 68C of Principal Act (entitlement to jobseeker’s benefit (self employed)) 42. Section 68C
- a)in the week for which the benefit is claimed he or she— (
- i)is under pensionable age, or (
- ii)is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),”. Amendment of section 68H of Principal Act (duration of jobseeker’s benefit (self employed)) 43. Section 68H of the Principal Act is amended— (
- a)in subsection
- a)was born on or after 1 January 1958, and (
- b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving jobseeker’s benefit (self-employed) after attaining pensionable age for any remaining period in which he or she is entitled to receive it.”. Amendment of section 108 of Principal Act (entitlement to State pension (contributory)) 44. Section 108 of the Principal Act is amended— (
- a)by the substitution of the following subsection for subsection
- a)has applied for that benefit in the prescribed manner, (
- b)has attained pensionable age or deferred pensionable age, as the case may be, and (
- c)satisfies the contribution conditions in section 109.”, (
- b)by the insertion of the following subsections after subsection
- a)who has attained the age of 67 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 67 years, (
- b)who has attained the age of 68 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 68 years, (
- c)who has attained the age of 69 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 69 years, and (
- d)who has attained the age of 70 years, and has never been awarded a State pension (contributory), shall be entitled to State pension (contributory) payable at the age referenced rate of State pension (contributory) for age 70 years. (1C) A person shall not be entitled to the age referenced rate of State pension (contributory) payable for his or her age at the date of his or her claim, except to the extent specified in subsection (1B) of section 109 where, having attained pensionable age, the person is or has been in receipt of a specified weekly payment.”, (
- c)in subsection
- i)by the insertion of the following definitions: “ ‘age referenced rate of State pension (contributory)’ means the rate of State pension (contributory) specified in Part 1 of Schedule 2 applicable for a claimant’s age, which, on satisfying the contribution conditions set out in section 109, is payable to a claimant upon attaining pensionable age or deferred pensionable age, as the case may be, and once an age referenced rate of State pension (contributory) has been so awarded to a claimant, that rate shall remain payable to the claimant concerned for the remaining period of his or her claim; ‘deferred pensionable age’ means, in relation to a person born on or after 1 January 1958 who has attained pensionable age— (
- a)the age at which he or she is awarded a State pension (contributory), or (
- b)the age of 70 years, whichever is the lesser age and, in any event, does not apply to a person born on or before 31 December 1957; ‘qualifying contribution’ other than in respect of a specified contribution week, includes a long-term carer’s qualifying contribution; ’specified contribution week’ means a contribution week where the claimant received employment contributions at the rate specified in Article 81
- a)of the Regulations of 1996 and was attributed with a long-term carer’s qualifying contribution in respect of that contribution week; ’specified weekly payment’ means a payment specified in Schedule 5A; ‘yearly average approach’ means the rate of State pension (contributory) to which a claimant would be entitled to on the basis of the claimant’s yearly average or alternative yearly average whichever is more favourable to him or her;”, (
- ii)in the definition of “home caring period”— (I) by the substitution of “on or after 1 September 2012, or deferred pensionable age on or after 1 January 2024, as the case may be,” for “on or after 1 September 2012,”, (II) in paragraph (a), by the substitution of “pensionable age or deferred pensionable age, as the case may be,” for “pensionable age”, and (III) by the substitution of the following paragraph for paragraph (b): “(
- b)he or she was not engaged in remunerative employment, other than employment specified in paragraph 5 of Part 2 of Schedule 1, or he or she does not have a qualifying contribution or a credited or voluntary contribution reckonable (‘contribution reckonable’) for State pension (contributory) purposes,”, (iii) in paragraph (
- a)of the definition of “homemaker”, by the insertion of “or deferred pensionable age, as the case may be” after “pensionable age”, (
- iv)in the definition of “yearly average”, by the insertion of “or deferred pensionable age, as the case may be” after “pensionable age”, and (
- v)in the definition of “alternative yearly average”, by the insertion of “or deferred pensionable age, as the case may be,” after “pensionable age”, (
- d)in subsection
- i)in paragraph (a), by the substitution of “1991,” for “1991, or”, (
- ii)in paragraph (b)(ii), by the substitution of “her, or” for “her.”, and (iii) by the insertion of the following paragraph after paragraph (b): “(
- c)a person who is not a relevant person by virtue of subparagraph (
- i)or (
- ii)of paragraph (
- a)but who— (
- i)in the case of a person who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2024, has long-term carer’s qualifying contributions attributed in accordance with section 108A on the date of the person’s claim, and (
- ii)in the case of a person who attained pensionable age prior to 1 January 2024, had long-term carer’s qualifying contributions attributed in accordance with section 108A.”, and (
- e)by the substitution of the following subsection for subsection
- a)in relation to a person— (
- i)the date on which the person becomes an insured person for the first time by virtue of section 12
- ii)the date on which he or she becomes an insured person for the first time by virtue of section 20, whichever of subparagraph (
- i)or (
- ii)first occurs and, subject to paragraph (b), that date shall be regarded as the date of entry into insurance for the purposes of section 109
- b)in relation to a person in relation to whom long-term carer’s qualifying contributions were attributed in accordance with section 108A, the date of the first of such contributions or, if applicable to that person, the date on which he or she first becomes a person to whom subparagraph (
- i)or (
- ii)of paragraph (
- a)applies, whichever first occurs.”. Long-term carer’s qualifying contribution 45. The Principal Act is amended by the insertion of the following section after section 108: “108A.
- a)he or she had attained the age of 16 years but had not attained pensionable age or deferred pensionable age, as the case may be, and— (
- i)was resident in the State, or (
- ii)was a person referred to in section 219
- b)he or she was not engaged in insurable employment or self employment other than employment specified in paragraph 5 of Part 2 of Schedule 1 for State pension (contributory) purposes, (
- c)he or she— (
- i)was residing with and providing full-time care and attention to a relevant person or a qualified child, or (
- ii)subject to the conditions and in the circumstances that may be prescribed, was not residing with but was providing full-time care and attention to a relevant person, (
- d)he or she was not in receipt of— (
- i)a weekly payment under this Act disallowed for the purposes of this paragraph in accordance with regulations under subsection
- ii)a weekly payment under this Act, other than a payment referred to in subparagraph (i), unless he or she was also in receipt of carer’s benefit or carer’s allowance, and (
- e)he or she applies to have such contribution weeks attributed as long-term carer’s qualifying contributions, whereby contributions may be attributed from 1 January 2024 to a person who complies with this section and— (
- i)was born on or after 1 January 1958 and has attained pensionable age or deferred pensionable age, as the case may be, or (
- ii)attained pensionable age prior to 1 January 2024, in which case contributions may be attributed only in respect of such periods as were completed before he or she attained pensionable age.
- a)engages in insurable employment, (
- b)engages in self-employment, or (
- c)undertakes such training or courses of education as the Minister may, from time to time determine, shall not be regarded as engaging in insurable employment or self employment where the aggregate duration of the activities referred to in paragraphs (a), (
- b)and (
- c)does not exceed 18 and a half hours in accordance with Regulations made under section 100
- a)the circumstances in which a person may be regarded as providing full-time care and attention to a relevant person or a qualified child, (
- b)the manner in which an application may be made under this section, including by electronic means, (
- c)any additional evidence that may be offered by a person to demonstrate the nature, extent and duration of the care provided, including information or documentation to be provided by the person in support of the application, (
- d)any weekly payments under this Act that shall be disallowed for the purposes of subsection
- i)by the substitution of the following paragraph for paragraph (a): “(
- a)subject to subsection
- ii)in paragraph (c), by the substitution of “subject to subsection (6D), that the claimant” for “that the claimant”, (
- b)by the insertion of the following subsection after subsection (1A): “(1B) (
- a)In the case of a claimant to whom section 108(1C) applies, who is, during the relevant period, in receipt of a specified weekly payment, the period or aggregate of periods during which he or she is in receipt of such a specified weekly payment shall be regarded as reducing his or her deferred pensionable age by the equivalent period or aggregate of periods, measured in days, that he or she was in receipt of such a specified weekly payment and the age referenced rate of State pension (contributory) shall be calculated accordingly. (
- b)In this subsection, ‘relevant period’ means the period beginning on the date on which the claimant attains pensionable age and ending on the date on which he or she was first awarded State pension (contributory).”, (
- c)in subsection (6A) by the substitution of “Subject to subsection (6D), in the case of” for “In the case of”, (
- d)in paragraph (
- a)of subsection (6B), by the substitution of “Schedule 2 or, if having attained deferred pensionable age, the age referenced rate of State pension (contributory) appropriate to that deferred pensionable age, if eligible,” for “Schedule 2”, (
- e)by the insertion of the following subsection after subsection (6C): “(6D) Notwithstanding any other provision in this Chapter, the rate of State pension (contributory) payable to a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2025 shall be calculated as follows: (
- a)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2025 and 31 December 2025, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 90 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 10 per cent, whichever is the more favourable to that claimant; (
- b)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2026 and 31 December 2026, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 80 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 20 per cent, whichever is the more favourable to that claimant; (
- c)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2027 and 31 December 2027, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 70 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 30 per cent, whichever is the more favourable to that claimant; (
- d)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2028 and 31 December 2028, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 60 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 40 per cent, whichever is the more favourable to that claimant; (
- e)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2029 and 31 December 2029, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 50 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 50 per cent, whichever is the more favourable to that claimant; (
- f)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2030 and 31 December 2030, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 40 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 60 per cent, whichever is the more favourable to that claimant; (
- g)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2031 and 31 December 2031, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 30 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 70 per cent, whichever is the more favourable to that claimant; (
- h)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2032 and 31 December 2032, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 20 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 80 per cent, whichever is the more favourable to that claimant; (
- i)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, between 1 January 2033 and 31 December 2033, either— (
- i)the age referenced rate of State pension (contributory) payable to the claimant calculated according to the aggregated contributions method, or (
- ii)the aggregate of— (I) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the yearly average approach multiplied by 10 per cent, and (II) the age referenced rate of State pension (contributory) payable to the claimant, calculated in accordance with the aggregated contributions method multiplied by 90 per cent, whichever is the more favourable to that claimant; and (
- j)in the case of a claimant who attains pensionable age or deferred pensionable age, as the case may be, on or after 1 January 2034, solely in accordance with the aggregated contributions method.”, and (
- f)in subsection
- i)in subparagraph (iii), by the substitution of “purposes,” for “purposes, and”, (
- ii)in subparagraph (iv), by the substitution of “subsection (6A), and” for “subsection (6A)”, and (iii) by the insertion of the following subparagraph after subparagraph (iv): “(
- v)long-term carer’s qualifying contributions attributable to him or her which are reckonable for State pension (contributory),”. Amendment of section 110 of Principal Act 47. Section 110 of the Principal Act is amended, in subsection
- a)at the age referenced rate for age 66 years, (
- b)at the age referenced rate for age 67 years, (
- c)at the age referenced rate for age 68 years, (
- d)at the age referenced rate for age 69 years, and (
- e)at the age referenced rate for age 70 years, shall be as set out in column
- a)by the deletion of “who has not attained pensionable age”, (
- b)in paragraph (b), by the substitution of “subparagraph (i),” for “subparagraph (i), and”, (
- c)in paragraph (c), by the substitution of “immediately before that date, and” for “immediately before that date.”, and (
- d)by the insertion of the following paragraph after paragraph (c): “(
- d)he or she— (
- i)is under pensionable age, or (
- ii)is a person born on or after 1 January 1958 who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory).”. Amendment of section 238C of Principal Act (duration of back to work family dividend) 51. Section 238C of the Principal Act is amended, by the insertion of the following subsection after subsection
- a)was born on or after 1 January 1958, and (
- b)has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving back to work family dividend after attaining pensionable age for any remaining period in which he or she is entitled to receive it.”. Amendment of Part 1 of Schedule 2 to Principal Act 52.
- i)Age referenced rate for age 67 years 290.30 193.40 46.00 54.00 22.00 10.00 20.00 (
- ii)Additional increase for a qualified adult who has attained pensionable age - 66.90 - - - - - (c)(
- i)Age referenced rate for age 68 years 304.80 203.00 46.00 54.00 22.00 10.00 20.00 (
- ii)Additional increase for a qualified adult who has attained pensionable age - 70.20 - - - - - (d)(
- i)Age referenced rate for age 69 years 320.30 213.30 46.00 54.00 22.00 10.00 20.00 (
- ii)Additional increase for a qualified adult who has attained pensionable age - 73.80 - - - - - (e)(
- i)Age referenced rate for age 70 years 337.20 224.60 46.00 54.00 22.00 10.00 20.00 (
- ii)Additional increase for a qualified adult who has attained pensionable age - 77.70 - - - - - ”.
- Specified weekly payments
- The Principal Act is amended, by the insertion of the following Schedule after Schedule 5: “SCHEDULE 5A Section 108
- a)jobseeker’s benefit; (
- b)jobseeker’s benefit (self-employed); (
- c)illness benefit; (
- d)State pension (non-contributory); (
- e)occupational injuries benefit comprising injury benefit, disablement benefit and death benefit; (
- f)carer’s benefit; (
- g)carer’s allowance; (
- h)weekly supplementary welfare allowance known as basic supplementary welfare allowance; (
- i)a payment made under a scheme provided for under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018) administered by the Minister and known as the ‘daily expenses allowance’; (
- j)widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension; (
- k)a payment to a person who is or becomes a person in respect of whom an increase for a qualified adult is being paid. 2. The Minister may by regulations amend paragraph 1 by adding a specified weekly payment to, deleting a specified weekly payment from, or amending a reference to a specified weekly payment in, that paragraph.”. SCHEDULE 1 Social Insurance Benefits (New Rates) - Substitution of Parts 1 to 4 of Schedule 2 Section 17 PART 1 Rates of Periodical Benefits and Increases Description of benefit Weekly rate Increase for qualified adult (where payable) Increase for each qualified child aged under 12 years (where payable) Increase for each qualified child aged 12 years and over (where payable) Increase where the person is living alone (where payable) Increase where the person has attained the age of 80 years (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)
- a)pension payable to a widow, widower or surviving civil partner (section 81) 262.50 - 46.00 54.00 22.00 10.00 20.00 additional increase for a widow, widower or surviving civil 19.20 - - - - - - partner (under section 81) who has attained pensionable age (
- b)pension payable to a parent: (
- i)reduced rate - - - - - - - (
- ii)maximum rate - - - - - - - (
- c)pension payable to an orphan 218.80 - - - - - - 3. State Pension (Contributory): (a)(
- i)Age referenced rate for age 66 years 277.30 184.70 46.00 54.00 22.00 10.00 20.00 (
- ii)Additional increase for a qualified adult who has attained pensionable age - 63.90 - - - - - 3A. State Pension (Transition): - - - - - - - additional increase where a qualified adult has attained pensionable age before 2 January 2014 - - - - - - - 4. Invalidity Pension: 237.50 169.70 46.00 54.00 22.00 10.00 20.00 additional increase where a qualified adult has attained pensionable age before 2 January 2014 - 78.90 - - - - - 5. Widow’s (Contributory) Pension, Widower’s (Contributory) Pension and Surviving Civil Partner’s (Contributory) Pension and a payment referred to in paragraph (
- a)of the definition of ‘relevant payment’ in section 178
- Guardian’s Payment (Contributory) 215.00 - - - - - -
- Carer’s Benefit: (a) in the case of a person to whom section 102
- b)applies 249.00 - 46.00 54.00 - - - (
- b)in the case of a person to whom section 102
- Disablement Benefit: Maximum gratuity 18,400
- Death Benefit 850 PART 3 Disablement Pension Degree of disablement
- Increase where the person is permanently incapable of work 232.00 154.00 46.00 50.00 22.00 20.00 additional increase for a beneficiary who has attained the age of 66 years 19.30 - - - - - additional increase where the qualified adult has attained the age of 66 years - 12.80 - - - -
- Increase where the person requires constant attendance 249.00 - - - - - “. SCHEDULE 2 Social Assistance Payments (New Rates) - Substitution of Parts 1 to 3 of Schedule 4 Section 19 “PART 1 Rates of Periodical Social Assistance and Increases Description of benefit Weekly rate Increase for qualified adult (where payable) Increase for each qualified child aged under 12 years (where payable) Increase for each qualified child aged 12 years and over (where payable) Increase where the person is living alone (where payable) Increase where the person has attained the age of 80 years (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)
- a)applies 232.00 154.00 46.00 54.00 - - - (
- b)in the case of a person to whom section 142
- b)applies 232.00 154.00 46.00 54.00 - - - (
- c)in the case of a person to whom section 142A applies 141.70 141.70 - - - - - 2. Pre-Retirement Allowance - - - - - - - 3. Disability Allowance 232.00 154.00 46.00 54.00 22.00 - 20.00 4. State Pension (Non-Contributory): 266.00 175.70 46.00 54.00 22.00 10.00 20.00 5. Blind Pension 232.00 154.00 46.00 54.00 22.00 - 20.00 6. Widow’s (Non-Contributory) Pension, Widower’s (Non-Contributory) Pension, Surviving Civil Partner’s (Non-Contributory) Pension and a payment referred to in paragraph (
- b)or (
- c)of the definition of ‘relevant payment’ in section 178
- One-Parent Family Payment 232.00 - 46.00 54.00 - - -
- Carer’s Allowance (a) in the case of a person to whom section 181
- a)applies 372.00 - 46.00 54.00 - 10.00 20.00 additional increase for a beneficiary who has attained pensionable age 57.00 - - - - - - (
- b)in the case of a person to whom section 181
- b)applies 248.00 - 46.00 54.00 - 10.00 20.00 additional increase for a beneficiary who has attained pensionable age 38.00 - - - - - - 9. Guardian’s Payment (Non-Contributory) 215.00 - - - - - - 10. Supplementary Welfare Allowance (
- a)in the case of a person to whom section 197