Social Welfare and Pensions Act 2011
What is this act about?
Is éard atá sa dlí seo ná leasuithe ar na hAchtanna Leasa Shóisialaigh agus ar na hAchtanna Pinsean, chomh maith le leasuithe agus modhnuithe ar reachtanna eile. Déanann sé athruithe ar fhorálacha éagsúla a bhaineann le sochair leasa shóisialaigh, pinsin, agus nithe gaolmhara.
Who it applies to: Éilitheoirí agus tairbhithe sochar leasa shóisialaigh agus pinsean; Fostóirí maidir le ranníocaíochtaí leasa shóisialaigh.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 43
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Leasuithe ar Achtanna Leasa Shóisialaigh, lena n-áirítear sainmhínithe, tuairiscí sochar, agus leasuithe ar fhorálacha sonracha.
- Leasuithe ar Achtanna Pinsean 1990 go 2010, go háirithe maidir le cistí rialála dílse agus deimhniú polasaithe nó conarthaí árachais áirithe.
- Modhnuithe ar reachtanna eile, amhail an tAcht um Pá Íosta Náisiúnta 2000 agus an tAcht um Theangacha Oifigiúla 2003.
- Forálacha maidir le haisíoc suimeanna atá dlite agus soláthar faisnéise ag éilitheoirí agus tairbhithe.
Who does this act apply to?
- Éilitheoirí agus tairbhithe sochar leasa shóisialaigh agus pinsean.
- Fostóirí maidir le ranníocaíochtaí leasa shóisialaigh.
What are the key points?
- Cuirtear deireadh le sochar báis do thuismitheoirí.
- Ní bheidh pinsean Stáit (idirthréimhse) iníoctha le duine a shroicheann 65 bliana d'aois an 1 Eanáir 2014 nó dá éis.
- Méadófar an aois inphinsin go 67 mbliana an 1 Eanáir 2021, agus go 68 mbliana an 1 Eanáir 2028.
- Athraítear rátaí ranníocaíochtaí fostóirí leasa shóisialaigh: 3.9 faoin gcéad ó 2 Iúil 2011 go 31 Nollaig 2013, agus 7.8 faoin gcéad ó 1 Eanáir 2014 agus gach bliain ranníocaíochta ina dhiaidh sin, i gcás tuilleamh ináirithe seachtainiúil nach mó ná €356. I gcás tuilleamh ináirithe seachtainiúil os cionn €356, is é an ráta 10.05 faoin gcéad.
Social security
Legal text
Legal text
Contents (43)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
Social Welfare and Pensions Act 2011 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2011 Social Welfare and Pensions Act 2011 Social Welfare and Pensions Act 2011 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 9 of 2011 SOCIAL WELFARE AND PENSIONS ACT 2011 ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General Section
Section 1
PART 2
Amendments to Social Welfare Acts
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
PART 3
Amendments and Modification to other Enactments
Section 21
Section 22
Section 23
Section 24
PART 4
Amendments to Pensions Act 1990
Chapter 1
Definition
Section 25
Chapter 2
Regulatory own funds
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Chapter 3
Certification of certain policies or contracts of assurance
Section 40
Section 41
Section 42
Section 43
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 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. [29th June, 2011] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General Short title, collective citations, construction and commencement.
1.— (1) This Act may be cited as the Social Welfare and Pensions Act 2011.
Part 2
shall be read together as one. (b) The Citizens Information Acts 2000 to 2008 and section 21 may be cited together as the Citizens Information Acts 2000 to 2011. (c) The Pensions Acts 1990 to 2010 and
Part 4
shall be read together as one and may be cited together as the Pensions Acts 1990 to 2011.
PART 2
Amendments to Social Welfare Acts Definition.
2.— In this Part “Principal Act” means the Social Welfare Consolidation Act 2005 .
Amendment of section 13 of Principal Act.
3.— (1) Section 13(2) of the Principal Act is amended— (a) in paragraph (b) (amended by section 12 of the Social Welfare Act 2010 ) by deleting “paragraph (ba) and to”, (b) by deleting paragraph (ba) (inserted by section 12 of the Social Welfare Act 2010 ), and (c) by substituting the following paragraph for paragraph (d) (amended by section 13 of the Social Welfare Act 2010 ): “(d) Subject to paragraph (da), subsection (8) and to regulations under section 14, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, a contribution shall be payable by the employed contributor’s employer— (i) at the percentage rate specified in the Table to this paragraph of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings do not exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis), and (ii) at the rate of 10.05 per cent of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).
TABLE Contribution payable by employed contributor’s employer where the weekly reckonable earnings do not exceed €356 Period for which contribution payable 3.9 per cent 2 July 2011 to 31 December 2011 3.9 per cent 1 January 2012 to 31 December 2012 3.9 per cent 1 January 2013 to 31 December 2013 7.8 per cent 1 January 2014 to 31 December 2014 and each subsequent contribution year ”.
Description of benefits.
4.— Section 39(1) (amended by section 17 of the Social Welfare and Pensions Act 2010 ) of the Principal Act is amended by substituting the following paragraph for paragraph (k): “(k) widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension,”.
Discontinuance of death benefit — parents.
5.— (1) Section 80 of the Principal Act is amended by substituting “sections 81, 83 and 84” for “sections 81 to 84”.
Discontinuance of State pension (transition).
6.— Section 114 of the Principal Act is amended by inserting the following subsection after subsection (8): “(9) Notwithstanding the provisions of this Chapter, State pension (transition) shall not be payable to a person who attains the age of 65 years on or after 1 January 2014.”.
Increase in pensionable age.
7.— (1) Section 2(1) of the Principal Act is amended by substituting “67 years” for “66 years” in the definition of “pensionable age”.
Amendment of section 144 of Principal Act.
8.— The Principal Act is amended in section 144— (a) by inserting the following subsection after subsection (3): “(3A) In this section— (a) a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and (b) a reference to a cohabitant is a reference to each cohabitant in relation to the other.”, and (b) by substituting the following subsection for subsection (4) (amended by section 19 of the Social Welfare and Pensions Act 2010 ): “(4) For the purposes of this section, a reference to ‘jobseeker’s allowance’ shall be read as including a reference to pre-retirement allowance.”.
One-parent family payment — amendments.
9.— (1) Section 2(3)(b) of the Principal Act is amended in sub-paragraph (i) by substituting “174(1), 178(4), 178(6), 178A(3),” for “174(1),”.
173A.— (1) This section applies to— (a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies, (b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and (c) a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies, and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the age of 14 years.
Entitlement to one-parent family payment in certain circumstances.
173B.— (1) This section applies to— (a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies, (b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and (c) a surviving civil partner where both civil partners are, on the relevant date, living together and one of them dies, and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the age of 12 years but has not attained the age of 14 years.
175.— A person referred to in section 173(1) shall not, if and so long as that person is a cohabitant, be entitled to and shall be disqualified for receiving payment of one-parent family payment.
Continuation of payment.
176.— In the case of— (a) a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months, or (b) a person to whom section 178A(6), 178A(7) or 178A(8) applies who is a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months, one-parent family payment shall continue to be paid for 4 weeks after the release of that person’s spouse or civil partner from a prison or place of detention.
Regulations.
177.— The Minister shall make regulations in relation to one-parent family payment and the regulations may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which, for the purposes of this Chapter— (a) a person is to be regarded as being a separated spouse, (b) a civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership, (c) a person is to be regarded as being an unmarried person, (d) a person is to be regarded as being a prisoner’s spouse or civil partner.”.
Supplementary welfare allowance — amendments.
10.— (1) The Principal Act is amended by substituting the following section for section 206: “Arrangements for burials.
206.— (1) A designated person may make arrangements for and provide assistance towards the burial of a person, where that person has— (a) died in the State and suitable arrangements have not otherwise been made for the burial of that person, or (b) (i) drowned and whose body has been cast ashore, or (ii) otherwise perished and been found dead, in the State and whose body has not been claimed for burial.
342.— Notwithstanding anything to the contrary and subject to section 342A, where a person is required to repay an amount of any— (a) benefit described in section 39(1), (b) assistance described in section 139(1), (c) child benefit, (d) respite care grant, (e) family income supplement, (f) continued payment for qualified children, or (g) payment pursuant to section 239, in accordance with this Act, an officer of the Minister authorised by him or her for this purpose may, subject to the conditions and in the circumstances that shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.”.
(6)
Section 18
Amendments to Principal Act relating to assessment of means.
11.— (1) Section 227 of the Principal Act is amended in the definition of “weekly family income”— (a) by deleting paragraph (d), and (b) by substituting the following paragraph for paragraph (g) (amended by section 22 of the Social Welfare (Miscellaneous Provisions) Act 2008 ): “(g) any contribution payable under Part 18D of the Act of 1997 and known as universal social charge.”.
Information to be supplied by claimants and beneficiaries.
12.— (1) Section 241 of the Principal Act is amended by deleting subsections (1A) and (1B) (inserted by section 9 of the Social Welfare and Pensions Act 2009 ).
244A.— (1) The Minister may prescribe information and the nature and form of such information to be furnished by a claimant or beneficiary where the Minister forms the opinion that the furnishing of that information would assist— (a) a deciding officer, bureau officer, the Executive or any other person who makes a decision in relation to a claim for, or the payment of, benefit in deciding whether— (i) a claimant is entitled to make a claim for benefit or to receive any benefit, or (ii) a beneficiary is entitled to continue to receive any benefit, or (b) in assessing the training, education or development needs appropriate to the circumstances of the claimant or beneficiary.
Amendment of section 250 of Principal Act.
13.— Section 250 of the Principal Act is amended— (a) in subsection (3), by substituting the following paragraph for paragraph (e): “(e) for the purposes of answering or clarifying any questions that the social welfare inspector may have consequent on the inspection of the premises or place, to summon— (i) the occupier of the premises or place, (ii) any person who is or has been employing persons there, (iii) such person as may be designated by the occupier or employer as competent to answer or clarify any such questions, (iv) any employee of a person referred to in subparagraph (i) or (ii), or (v) any person found in the premises or place who the social welfare inspector has reasonable cause to believe to be or to have been an insured person, to attend at that premises or place or at an office of the Minister, at any reasonable time specified, by written notice, and sent or given to him or her by— (I) delivering it to the person, (II) leaving it at the said premises or place, (III) leaving it at the address at which the person ordinarily resides, (IV) sending it by post in a prepaid registered letter to the said premises or place, or (V) sending it by post in a prepaid registered letter to the address at which the person ordinarily resides.”, (b) by substituting the following subsections for subsections (11) and (12): “(11) Where a person is required by subsection (4) to produce records required under regulations made under section 17(5), he or she shall, on the request of a social welfare inspector, produce those records at— (a) the person’s principal place of business, (b) the address at which the person ordinarily resides, or (c) an office of the Minister.
Allocation of personal public service number in certain circumstances.
14.— Section 262 of the Principal Act is amended— (a) in subsection (3) (amended by section 8 of the Social Welfare and Pensions Act 2010 ), by substituting the following paragraphs for paragraph (b): “(b) Where a person who has a transaction with a specified body is under the age of 18 years, the following information shall be given to the Minister in relation to that person by that person’s parent or guardian— (i) the information specified in paragraph (a), and (ii) the public service identity of— (I) his or her mother and father, or (II) his or her guardian or guardians. (c) Where a person who has a transaction with a specified body is certified by a registered medical practitioner to be a person who is or is likely soon to become unable for the time being to manage his or her own financial affairs, the following information shall be given to the Minister by any person appointed to act on behalf of that person in accordance with regulations made under section 244(1)(b)— (i) the information specified in paragraph (a) in relation to the person so certified, and (ii) the public service identity of the person so appointed to act on behalf of that person.”, and (b) by substituting the following subsection for subsection (9): “(9) A person, other than— (a) the person to whom the personal public service number concerned refers, (b) the parent or guardian of the person under the age of 18 years to whom the personal public service number concerned refers, (c) a person who has been appointed to act on behalf of a person in accordance with regulations made under section 244(1)(b) to whom the personal public service number concerned refers, (d) a specified body, (e) a person who has a transaction with a specified body where the personal public service number is relevant to the transaction between the person and the specified body, or (f) a person who is required to comply with section 260, 261 or 261A or regulations made under section 260, who uses a personal public service number or seeks to have a personal public service number disclosed to him or her is guilty of an offence.”.
Cancellation and surrender of public services card.
15.— The Principal Act is amended by inserting the following section after section 263: “Cancellation and surrender of public services card.
263A.— (1) The Minister may cancel a public services card issued to a person under section 263 if— (a) the Minister becomes aware of a fact or a circumstance, whether occurring before or after the issue of the public services card, that would have required or permitted him or her to refuse to issue the public services card under section 263 to the person had the Minister been aware of the fact or the circumstance before the public services card was issued, (b) the Minister is notified that the public services card is, without lawful authority or reasonable excuse, in the possession or control of another person, or (c) the Minister is notified by the person, or by another person who has been appointed to act on behalf of that person in accordance with regulations made under section 244(1)(b), that the public services card has been lost or stolen.
National internship scheme — amendments to Principal Act.
16.— (1) Section 2(2)(a) (amended by section 15 of the Social Welfare and Pensions Act 2010 ) of the Principal Act is amended in subparagraph (v) by inserting “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme” after “the Industrial Training Act 1967 ”.
TABLE Amendments to Principal Act Provision affected
(2)
Section 2(2)(a)(v)
Delete “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme”
Section 2(2)(a)(vii)
(a) Substitute the following clause for clause (IV): “(IV) Part-Time Job Incentive, or”, and (b) Insert the following clause after clause (IV): “(V) the national internship scheme,”
Section 298A(1)(b) Substitute “administered by the Minister” for “administered by An Foras Áiseanna Saothair”
Schedule 3, Table 2, reference 12 (a) Substitute the following paragraph for paragraph (d): “(d) Part-Time Job Incentive, or”, and (b) Insert the following paragraph after paragraph (d): “(e) the national internship scheme;”
Schedule 3, Table 2, reference 13 Delete “or the scheme administered by An Foras Áiseanna Saothair and known as the national internship scheme”
Repayment of amounts due to be deferred, suspended or cancelled.
17.— The Principal Act is amended by substituting the following section for section 342: “Repayment of amounts due to be deferred, suspended, reduced or cancelled.
342.— Notwithstanding anything to the contrary and subject to section 342A, where a person is required to repay an amount of any— (a) benefit described in section 39(1), (b) assistance described in section 139(1), (c) child benefit, (d) respite care grant, (e) family income supplement, (f) continued payment for qualified children, or (g) payment pursuant to section 239, in accordance with this Act— (i) an officer of the Minister authorised by him or her for this purpose, or (ii) the Executive, in the case of supplementary welfare allowance, may, subject to the conditions and in the circumstances that shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.”.
Repayment of amounts due arising from false or misleading statements or wilful concealment of facts.
18.— The Principal Act is amended by inserting the following section after section 342 (amended by section 17 ): “Repayment of amounts due arising from false or misleading statements or wilful concealment of facts.
342A.— Where a person is required to repay an amount of any payment referred to in paragraphs (a) to (g) of section 342(1) by virtue of— (a) a revised decision given by a deciding officer under section 302(a), (b) a revised decision given by an appeals officer under section 319(a), or (c) a revised determination given under section 325(a), the amount to be repaid in such circumstances shall not be reduced by the amount of any other payment referred to in paragraphs (a) to (g) of section 342 to which the person would otherwise have been entitled in the period to which the overpayment relates had he or she not been in receipt of the payment which gave rise to the overpayment.”.
Supplementary welfare allowance — calculation of means.
19.— Part 4 of Schedule 3 to the Principal Act is amended in Rule 1(2)(b) by substituting the following clause for clause (iva) (inserted by section 36 of the Social Welfare and Pensions Act 2007 ): “(iva) any moneys received by way of guardian’s payment (contributory), guardian’s payment (non-contributory), domiciliary care allowance or respite care grant, and”.
Specified bodies.
20.— Schedule 5 to the Principal Act is amended in paragraph 1(4) (amended by section 20 of the Social Welfare and Pensions (No. 2) Act 2009 ) by inserting— (a) “the Probate Office,” after “the Private Security Authority,”, and (b) “Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland,” after “the Road Safety Authority,”.
PART 3
Amendments and Modification to other Enactments Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities.
21.— The Comhairle Act 2000 is amended by inserting the following section after section 18: “Exclusion resulting from membership of either House of the Oireachtas, European Parliament or local authorities.
18A.— (1) Where a member of the Board— (a) is nominated as a candidate for election to either House of the Oireachtas or the European Parliament, (b) is elected as a member of either House of the Oireachtas or the European Parliament, (c) is nominated as a member of Seanad Éireann, (d) is regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, or (e) becomes a member of a local authority, he or she thereupon ceases to hold office.
Amendment of National Minimum Wage Act 2000.
22.— The National Minimum Wage Act 2000 is amended in section 11 (amended by section 13 of the Financial Emergency Measures in the Public Interest Act 2010 ) by substituting the following subsection for subsection (1): “(1) The Minister shall, by order, declare a national minimum hourly rate of pay for the purposes of this Act of €8.65.”.
Reduction in national training fund levy in certain circumstances.
23.— (1) The National Training Fund Act 2000 is amended— (a) in section 1(1) by inserting the following definition: “ ‘contribution week’ has the same meaning as it has in the Social Welfare Consolidation Act 2005 ;”, (b) by substituting the following section for section 3: “Levy.
3.— Subject to and in accordance with the provisions of this Act, there is, by virtue of this section, imposed upon, and there shall be payable by, every employer in respect of every employed contributor who is employed by the employer a levy (which shall be known as the ‘National Training Fund Levy’ and in this Act is referred to as the ‘levy’).”, and (c) in section 4— (i) by substituting the following subsection for subsection (1): “(1) Where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, levy shall be payable by the employed contributor’s employer— (a) at the percentage rate specified in the Table to this subsection of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings do not exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis), and (b) at the rate of 0.7 per cent of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).
TABLE Levy payable by employed contributor’s employer where the weekly reckonable earnings do not exceed €356 Period for which contribution payable 0.35 per cent 2 July 2011 to 31 December 2011 0.35 per cent 1 January 2012 to 31 December 2012 0.35 per cent 1 January 2013 to 31 December 2013 0.7 per cent 1 January 2014 to 31 December 2014 and each subsequent contribution year ”, (ii) by substituting the following subsection for subsection (4): “(4) Where, but for this subsection, levy would be payable in respect of an employed contributor under this Act, then if no employment contribution is payable during any period of exemption by virtue of a scheme provided for under regulations made pursuant to section 13(9) of the Social Welfare Consolidation Act 2005 and known as the Employers’ Pay-Related Social Insurance Exemption Scheme, in respect of that contributor, levy shall not be payable during that period.”, and (iii) by deleting subsections (5), (6) and (7).
Disapplication of section 7 of Official Languages Act 2003.
24.—
Section 7
of the Official Languages Act 2003 does not apply in relation to this Act. The text of this Act shall be made available electronically in each of the official languages as soon as practicable after its enactment.
PART 4
Amendments to Pensions Act 1990
Chapter 1
Definition Definition.
25.— In this Part “Principal Act” means the Pensions Act 1990 .
Chapter 2
Regulatory own funds Amendment of section 2 of Principal Act.
26.— Section 2 of the Principal Act is amended in subsection (1) by— (a) substituting— (i) the following definition for the definition of “actuary”: “ ‘actuary’, in relation to a scheme or regulatory own funds trust RAC, means a person appointed in pursuance of this Act as actuary, for the purposes of this Act, of the scheme or regulatory own funds trust RAC;”, and (ii) the following definition for the definition of “Directive”: “ ‘Directive’ means Directive 2003/41/EC 1 of the European Parliament and of the Council as amended by Directive 2009/138/EC 2 of the European Parliament and of the Council and Directive 2010/78/EU 3 of the European Parliament and of the Council;”, and (b) inserting the following definitions: “ ‘actuarial funding certificate’ has the meaning assigned to it by section 42; ‘credit institution’ means a credit institution within the meaning of Article 4.1 of Directive 2006/48/EC 4 of the European Parliament and the Council relating to the taking up and pursuit of the business of credit institutions which is authorised in accordance with and for the purposes of that Directive; ‘funding standard’ shall be construed in accordance with section 44; ‘regulatory own funds certificate’ has the meaning assigned to it by section 53J; ‘regulatory own funds scheme’ has the meaning assigned to it by section 53E; ‘regulatory own funds trust RAC’ has the meaning assigned to it by section 53E; ‘relevant scheme’ means a scheme to which Part IV applies by virtue of section 41;”.
Amendment of section 40 of Principal Act.
27.— Section 40 of the Principal Act is amended by deleting the definitions of “actuarial funding certificate”, “funding standard” and “relevant scheme”.
Amendment of section 41 of Principal Act.
28.— Section 41 of the Principal Act is amended by substituting the following paragraph for paragraph (a) of subsection (2): “(a) this Part shall apply to— (i) a defined contribution scheme which is a regulatory own funds scheme, (ii) a defined contribution scheme which is paying benefits to or in respect of members where those benefits are not secured under a policy or policies of assurance with one or more undertakings, and (iii) a small scheme of the type referred to in paragraph (b) of subsection (1) which is a regulatory own funds scheme,”.
Amendment of section 43 of Principal Act.
29.— Section 43 of the Principal Act is amended— (a) in subsection (1) by substituting “and, subject to subsections (1A) and (1B)” for “and, subject to subsection (1A)”, (b) by inserting the following subsections after subsection (1A): “(1B) Notwithstanding subsections (1) and (1A) and subject to section 53M, in the case of a relevant scheme which is a regulatory own funds scheme an actuarial funding certificate shall be submitted to the Board having an effective date of: (a) in the case of a relevant scheme which on 23 September 2010 was a regulatory own funds scheme, not later than 6 months after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation; (b) in the case of a relevant scheme which commences after 23 September 2010 and which from the relevant scheme’s commencement is a regulatory own funds scheme— (i) not later than 4 weeks after the date of commencement of the relevant scheme, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later; (c) in the case of a relevant scheme which at its commencement was not a regulatory own funds scheme but becomes a regulatory own funds scheme after 23 September 2010— (i) not later than 4 weeks after the date on which the scheme becomes a regulatory own funds scheme, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later. (1C) While a relevant scheme to which this Part applies remains a regulatory own funds scheme each actuarial funding certificate submitted after the appropriate effective date referred to in subsection (1B) shall have an effective date not later than one year after the effective date of the immediately preceding certificate. (1D) Where, in accordance with subsection (1B) or (1C) an actuarial funding certificate has been prepared and the relevant scheme subsequently ceases to be a regulatory own funds scheme, any subsequent actuarial funding certificate shall have an effective date not later than 3 years after the effective date of the immediately preceding certificate.”, (c) in subsection (2) by substituting “subsections (3), (3A), (3B) and (4)” for “subsections (3) and (4)”, (d) in subsection (3), by substituting “then, subject to subsection (3A), in each case,” for “then, in each case,”, (e) by inserting the following subsections after subsection (3): “(3A) Subsection (3) shall not apply in relation to an annual report prepared under subsection (1) of section 55 where, on the last day of the period to which the report relates, the relevant scheme was a regulatory own funds scheme. (3B) Subject to section 53M an actuarial funding certificate required under subsection (1B) or (1C) shall be submitted to the Board by the trustees of the regulatory own funds scheme within 3 months of the effective date of the certificate.”, and (f) by substituting the following subsection for subsection (4): “(4) The Board, on application to it in that behalf by the trustees of a scheme, may extend the time limit within which an actuarial funding certificate shall be submitted to the Board under subsection (2), (3) or (3B), as the case may be, for a period not exceeding 6 months where the Board considers the extension is appropriate having regard to the circumstances of the application concerned.”.
Amendment of section 49 of Principal Act.
30.— Section 49 of the Principal Act is amended— (a) in subsection (1) by inserting “(other than a regulatory own funds scheme)” after “the trustees of a scheme”, (b) in subsection (3) by inserting “(other than a regulatory own funds scheme)” after “the trustees of a scheme”, and (c) in subsection (3A) by inserting “(other than a regulatory own funds scheme)” after “the trustees of a scheme”.
Amendment of section 50 of Principal Act.
31.— Section 50 of the Principal Act is amended— (a) in subsection (1) by inserting “(other than a regulatory own funds scheme)” after “trustees of a relevant scheme”, and (b) in subsection (1A) by inserting “(other than a regulatory own funds scheme)” after “The Board may, by notice in writing, direct the trustees of a scheme”.
Amendment of section 50A of Principal Act.
32.— Section 50A(1) of the Principal Act is amended by inserting “(other than a regulatory own funds scheme)” after “Subject to this section and section 50, the trustees of a scheme”.
Amendment of section 51 of Principal Act.
33.— Section 51 of the Principal Act is amended— (a) in subsection (1) by inserting “or regulatory own funds trust RAC” after “to a scheme”, and (b) in subsection (2) by inserting “or regulatory own funds trust RAC” after “scheme” in each place where it occurs.
Amendment of section 51A of Principal Act.
34.— Section 51A of the Principal Act is amended— (a) in subsection (1) by inserting “or trust RAC” after “appointed to a scheme”, (b) in subsection (4) by inserting “or trust RAC” after “to the scheme” in both places where it occurs, and (c) in subsection (5) by substituting the following paragraphs for paragraphs (c) and (d): “(c) funding proposals certified by an actuary in accordance with section 49; (d) annual statements made by an actuary in accordance with section 55; (e) regulatory own funds trust RAC technical provisions certificates prepared by an actuary for the purposes of section 53G; (f) regulatory own funds certificates prepared by an actuary in accordance with section 53J.”.
Regulatory Own Funds Schemes.
35.— The Principal Act is amended by inserting the following new Part after Part IVA (inserted by section 42 of the Social Welfare and Pensions Act 2010 ): “PART IVB REGULATORY OWN FUNDS SCHEMES Interpretation.
53E.— In this Part, except where the context otherwise requires— ‘biometric risks’ means risks linked to death, disability and longevity; ‘funding standard liabilities’ in relation to a regulatory own funds scheme which is a relevant scheme, means on any date the aggregate of the liabilities and estimated expenses referred to in section 44, calculated as if the actuary had prepared an actuarial funding certificate having that date as the effective date and as if the percentage referred to in section 44(a)(v) was 100 per cent; ‘regulatory own funds certification date’ shall be construed in accordance with subsection (2) of section 53J; ‘regulatory own funds notification date’ shall be construed in accordance with subsection (2) of section 53K; ‘regulatory own funds proposal’ has the meaning assigned to it by section 53L; ‘regulatory own funds requirement’ means the requirement to hold additional resources under section 53H, and references in this Part to ‘satisfying’ the regulatory own funds requirement mean that the regulatory own funds scheme or the regulatory own funds trust RAC holds sufficient additional resources to at least satisfy that requirement; ‘regulatory own funds scheme’ means a relevant scheme where the relevant scheme and not any sponsoring undertaking to whom the relevant scheme relates— (a) underwrites any liability to cover against biometric risks, (b) guarantees a given investment performance, or (c) guarantees a given level of benefits; ‘regulatory own funds trust RAC’ means a trust RAC which— (a) underwrites any liability to cover against biometric risks, (b) guarantees a given investment performance, or (c) guarantees a given level of benefits; ‘regulatory own funds trust RAC technical provisions certificate’ means a certificate prepared by an actuary certifying if, in the opinion of the actuary, the resources of the regulatory own funds trust RAC at the effective date of the certificate would have been sufficient to satisfy the technical provisions requirement, if the regulatory own funds trust RAC had been wound up on that date; ‘technical provisions’ means— (a) in relation to a regulatory own funds scheme on any date the regulatory own funds scheme’s funding standard liabilities, (b) in relation to a regulatory own funds trust RAC on any date, were the regulatory own funds trust RAC to be wound up on that date, the sum of the value of the liabilities of the regulatory own funds trust RAC to provide benefits in accordance with the rules of the trust RAC and the estimated expenses of administering the winding up of the trust RAC calculated in accordance with any applicable guidance specified in regulations;
‘technical provisions certification date’ means the effective date as construed in accordance with section 53G; ‘technical provisions requirement’ means in relation to a regulatory own funds trust RAC, the requirement to hold resources to provide for the technical provisions, and references in this Part to ‘satisfying’ the technical provisions requirement mean that the regulatory own funds trust RAC holds sufficient resources to at least satisfy that requirement; ‘undertaking’ has the meaning assigned to it by the Insurance Act 1989 .
Application.
53F.— This Part applies to a regulatory own funds scheme and a regulatory own funds trust RAC other than— (a) a scheme which the Minister has by regulations made under section 52 excluded from the application of Part IV, (b) a scheme which is a statutory scheme to which section 776 of the Taxes Consolidation Act 1997 applies and where benefits are paid in whole or in part out of moneys provided from the Central Fund or moneys provided by the Oireachtas and the rules of which provide that an appeal may be made to a Minister of the Government, (c) a scheme or trust RAC the winding up of which has commenced, (d) a one-member arrangement, (e) a scheme or trust RAC the only benefits under which are payable in respect of the death of a member where those benefits are fully secured under a policy or policies of assurance with one or more than one undertaking.
Regulatory own funds trust RAC technical provisions certificate.
53G.— (1) Subject to section 53M, the trustees of a regulatory own funds trust RAC shall cause the technical provisions and the technical provisions requirement for a regulatory own funds trust RAC to be calculated by an actuary and a regulatory own funds trust RAC technical provisions certificate to be prepared and submitted to the Board and the first such certificate shall have an effective date of: (a) in the case of a trust RAC which on 23 September 2010 was a regulatory own funds trust RAC, not later than 6 months after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation; (b) in the case of a trust RAC which commences after 23 September 2010 and which from the trust RAC’s commencement is a regulatory own funds trust RAC— (i) not later than 4 weeks after the date of commencement of the trust RAC, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later, (c) in the case of a trust RAC which at its commencement was not a regulatory own funds trust RAC but becomes a regulatory own funds trust RAC after 23 September 2010— (i) not later than 4 weeks after the date on which the trust RAC becomes a regulatory own funds trust RAC, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later.
Requirement to hold additional resources.
53H.— (1) A regulatory own funds scheme and a regulatory own funds trust RAC shall hold on a permanent basis— (a) sufficient resources to satisfy the technical provisions of the regulatory own funds scheme or the technical provisions requirement of the regulatory own funds trust RAC, as appropriate, and (b) additional resources over and above the resources referred to in paragraph (a) to serve as a safety capital to absorb any discrepancies between the anticipated and actual expenses and profits of the regulatory own funds scheme or the regulatory own funds trust RAC.
Amount of regulatory own funds requirement.
53I.— (1) The amount of the regulatory own funds requirement is the aggregate of— (a) subject to subsection (3), a percentage which shall be prescribed and which shall be not less than 4 per cent of the technical provisions of the regulatory own funds scheme or the regulatory own funds trust RAC; and (b) a percentage which shall be prescribed and which shall be not less than 0.3 per cent of the capital at risk for the members of, or other persons entitled to benefits under, the regulatory own funds scheme or regulatory own funds trust RAC in respect of which the capital at risk is not a negative figure and where the capital at risk is as calculated in accordance with subsection (2).
Certification of regulatory own funds requirement.
53J.— (1) Subject to section 53M, the trustees of a regulatory own funds scheme or regulatory own funds trust RAC shall, from time to time in accordance with this section, cause a certificate, in this Part referred to as a ‘regulatory own funds certificate’, to be prepared by an actuary who shall certify therein that as at the regulatory own funds certification date— (a) the regulatory own funds scheme or regulatory own funds trust RAC satisfies the regulatory own funds requirement, or (b) the regulatory own funds scheme or regulatory own funds trust RAC does not satisfy the regulatory own funds requirement.
Notification of regulatory own funds status.
53K.— (1) Subject to section 53N, the trustees of a scheme or trust RAC which becomes a regulatory own funds scheme or a regulatory own funds trust RAC shall so notify the Board on or before the regulatory own funds notification date.
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation; (b) in the case of a relevant scheme or trust RAC which commences after 23 September 2010 and which from the relevant scheme’s or trust RAC’s commencement is a regulatory own funds scheme or regulatory own funds trust RAC— (i) not later than 4 weeks after the date of commencement of the relevant scheme or trust RAC, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later; (c) in the case of a relevant scheme or trust RAC which at its commencement was not a regulatory own funds scheme or regulatory own funds trust RAC but becomes a regulatory own funds scheme or regulatory own funds trust RAC after 23 September 2010— (i) not later than 4 weeks after the date on which the scheme or trust RAC becomes a regulatory own funds scheme or a regulatory own funds trust RAC, or (ii) not later than 4 weeks after the date on which
Chapter 2
of
Part 4
of the Social Welfare and Pensions Act 2011 comes into operation, whichever is the later.
Failure to satisfy funding standard, technical provisions requirement or regulatory own funds requirement.
53L.— (1) Where— (a) (i) in accordance with section 43, the trustees of a regulatory own funds scheme submit an actuarial funding certificate which certifies that at the effective date of the certificate the regulatory own funds scheme does not satisfy the funding standard, or (ii) in accordance with section 53G, the trustees of a regulatory own funds trust RAC submit a regulatory own funds trust RAC technical provisions certificate which certifies that at the effective date of the certificate the regulatory own funds trust RAC does not satisfy the technical provisions requirement, or (b) in accordance with section 53J or 53M, the trustees of a regulatory own funds scheme or regulatory own funds trust RAC submit a regulatory own funds certificate which certifies that at the regulatory own funds certification date the regulatory own funds scheme or regulatory own funds trust RAC does not satisfy the regulatory own funds requirement, they shall submit to the Board a proposal (in this Part referred to as a ‘regulatory own funds proposal’) in accordance with this section.
Supervisory regulatory own funds certificate.
53M.— The Board, whenever it considers appropriate, may by notice in writing to the trustees of a regulatory own funds scheme or a regulatory own funds trust RAC, require the trustees to submit to the Board within the period specified in the notice an actuarial funding certificate or a regulatory own funds trust RAC technical provisions certificate, and a regulatory own funds certificate having— (a) in the case of an actuarial funding certificate or a regulatory own funds trust RAC technical provisions certificate such an effective date as is specified in the notice, and (b) in the case of a regulatory own funds certificate, such a regulatory own funds certification date as is specified in the notice.
De facto regulatory own funds scheme or regulatory own funds trust RAC.
53N.— (1) If at any time it appears to the Board that a scheme or trust RAC is a scheme or trust RAC to which this Part applies but that the trustees of the scheme or the trust RAC have not made the notification required to be made under and in accordance with section 53K, the Board may by notice in writing to the trustees of the scheme or the trust RAC determine that the scheme or trust RAC is a regulatory own funds scheme or a regulatory own funds trust RAC with effect from the date specified in the notice.
Amendment of section 54 of Principal Act.
36.— Section 54 of the Principal Act is amended— (a) in subsection (1)(ca), by inserting “or regulatory own funds trust RAC” after “in relation to the scheme”, (b) in subsection (2) by inserting “which is not a regulatory own funds trust RAC” after “other than a small trust RAC”, (c) in subsection (4)(ab) by inserting “or regulatory own funds trust RAC” after “actuary of a scheme”, (d) in subsection (4)(b) by substituting “The actuary to a scheme or to a regulatory own funds trust RAC or the auditor of a scheme or trust RAC may request” for “The actuary to or the auditor of a scheme or the auditor of a trust RAC may request”, and (e) by substituting the following subsection for subsection (7): “(7) Subsections (1) to (6) do not apply to a small trust RAC, other than a small trust RAC which is a regulatory own funds trust RAC, but the trustees of a small trust RAC other than a small trust RAC which is a regulatory own funds trust RAC shall furnish to the Board such statistical information as is prescribed for the purposes of this subsection.”.
Amendment of section 55 of Principal Act.
37.— Section 55 of the Principal Act is amended— (a) in subsection (1A) by inserting “which is not a regulatory own funds trust RAC” after “a small trust RAC”, (b) in subsection (2)(b) by inserting “other than a small scheme which is a regulatory own funds scheme” after “a small scheme” where it first occurs, (c) in subsection 2(d) by inserting “other than a small trust RAC which is a regulatory own funds trust RAC” after “a small trust RAC”, and (d) by inserting the following subsection after subsection (6): “(7) Subsections (3), (4), (5) and (6) shall not apply to a regulatory own funds scheme.”.
Amendment of section 56 of Principal Act.
38.— Section 56 of the Principal Act is amended— (a) in subsection (2)(c) by inserting “or regulatory own funds trust RAC” after “liabilities of the scheme”, (b) in subsection (6)(a)(iii) by inserting “other than a small scheme which is a regulatory own funds scheme” after “a small scheme”, (c) in subsection (6)(b)(i) by substituting “section 41(2)(a) of this Act applies, or” for “section 31(a) of the Social Welfare and Pensions Act 2005 applies, or”, (d) in subsection (6)(b)(iv) by inserting “other than a small scheme which is a regulatory own funds scheme” after “a small scheme”, and (e) by substituting the following subsection for subsection (7): “(7) (a) Subject to paragraph (b) this section shall not apply to a small trust RAC. (b) This section shall apply to a small trust RAC which is a regulatory own funds trust RAC.”.
Amendment of section 64D of Principal Act.
39.— Section 64D(1) of the Principal Act is amended by inserting “which is not a regulatory own funds trust RAC” after “other than a small trust RAC”.
Chapter 3
Certification of certain policies or contracts of assurance Amendment of section 48 of Principal Act.
40.— The Principal Act (amended by section 41 of the Social Welfare and Pensions Act 2010 ) is amended in section 48(3)— (a) in paragraph (b) by substituting “which policies or contracts are—” for “which policies or contracts are approved—”, (b) in subparagraph (i) of paragraph (b) by substituting “approved by the Revenue Commissioners” for “by the Revenue Commissioners”, and (c) in subparagraph (ii) of paragraph (b) by substituting “certified by the Board” for “by the Board”.
Certification of certain policies or contracts of assurance.
41.— The title to Part IVA of the Principal Act is amended by substituting “CERTIFICATION OF CERTAIN POLICIES OR CONTRACTS OF ASSURANCE” for “APPROVAL OF CERTAIN POLICIES OR CONTRACTS OF ASSURANCE”.
Amendment of Part IVA of Principal Act.
42.— Part IVA (inserted by section 42 of the Social Welfare and Pensions Act 2010 ) of the Principal Act is amended— (a) by substituting the following section for section 53B: “Certification of certain policies or contracts of assurance.
53B.— (1) The Board may certify a form of policy or contract of assurance, submitted to the Board by an undertaking in that behalf, in respect of schemes that are approved by the Revenue Commissioners under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997 , where the Board is satisfied that the form of policy or contract of assurance is designed— (a) to provide the sums payable to the scheme in respect of some or all of the benefits in relation to a person who, under the scheme— (i) is receiving benefits, or (ii) has reached normal pensionable age, or (b) to discharge the liability of the scheme for some or all of the benefits payable to or in respect of a person who under a scheme— (i) is receiving benefits, or (ii) has reached normal pensionable age.
53C.— The Board shall— (a) keep a register in which there shall be entered such particulars as may be prescribed, for the purposes of this Part, in relation to policies or contracts of assurance that have been certified under section 53B and such register shall be open for inspection by any member of the public at all reasonable times on payment of such fee as the Board may determine, and (b) maintain, in accordance with regulations, an up to date database of information relating to particulars referred to in paragraph (a).”, and (c) by repealing section 53D.
Amendment of section 59 of Principal Act.
43.— Section 59(3) of the Principal Act is amended by substituting “certified” for “approved” in both places where it occurs.
1 OJ L 235, 23.09.2003, p. 10 2 OJ L 335, 17.12.2009, p. 1 3 OJ L 331, 15.12.2010, p. 120 4 OJ L 177, 30.06.2006, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais