Social Welfare Act 2010

Social Welfare Act 2010 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 2010 Social Welfare Act 2010 Social Welfare Act 2010 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 34 of 2010 SOCIAL WELFARE ACT 2010 ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Amendments to Social Welfare Acts

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

PART 3

Repeal of Health Contributions Act 1979

Section 15

SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Acts Referred to Financial Emergency Measures in the Public Interest Act 2009 2009, No. 5 Health Contributions Act 1979 1979, No. 4 Social Welfare (Miscellaneous Provisions) Act 2008 2008, No. 22 Social Welfare (Miscellaneous Provisions) Act 2010 2010, No. 28 Social Welfare and Pensions (No. 2) Act 2009 2009, No. 43 Social Welfare and Pensions Act 2009 2009, No. 10 Social Welfare Consolidation Act 2005 2005, No. 26 Social Welfare Law Reform and Pensions Act 2006 2006, No. 5 Number 34 of 2010 SOCIAL WELFARE ACT 2010 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS; TO REPEAL THE HEALTH CONTRIBUTIONS ACT 1979; AND TO PROVIDE FOR RELATED MATTERS. [17th December, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General Short title, construction and commencement.

1.— (1) This Act may be cited as the Social Welfare Act 2010.

Definitions.

2.— In this Act— “Act of 2006” means the Social Welfare Law Reform and Pensions Act 2006 ; “Act of 2009” means the Social Welfare and Pensions (No. 2) Act 2009 ; “Act of 2010” means the Social Welfare (Miscellaneous Provisions) Act 2010 ; “Minister” means the Minister for Social Protection; “Principal Act” means the Social Welfare Consolidation Act 2005 .

PART 2

Amendments to Social Welfare Acts Social insurance benefits (new rates).

3.— (1) Schedule 2 to the Principal Act (amended by section 8 of the Act of 2010) is amended by substituting the Parts set out in Schedule 1 for Parts 1 to 4 of the said Schedule 2.

Social assistance payments (new rates).

4.— (1) Schedule 4 to the Principal Act (amended by section 4(1) of the Act of 2009) is amended by substituting— (a) the Part set out in Schedule 2 for Part 1 of the said Schedule 4, and (b) the Part set out in Schedule 3 for Part 3 of the said Schedule 4.

Child benefit (new rates).

5.— (1) Section 221 of the Principal Act is amended by substituting the following subsection for subsection (1) (amended by section 17 of the Act of 2006): “(1) Subject to this Act, a qualified person shall be paid a monthly benefit of the amount set out in column (2) of Part 4 of Schedule 4 for a qualified child referred to in column (1) of that Part of that Schedule opposite that amount.”.

(1)

Increases in disablement pension.

6.— (1) The Principal Act is amended— (a) in section 3(10) by substituting “76(3), 77A” for “76(3)”, (b) by substituting the following section for section 77 (amended by section 8(2) of the Act of 2010): “Increase of disablement pension on account of incapacity.

77.— (1) Subject to this Act, the weekly rate of disablement pension shall be increased by the amount set out in column (2) of Part 4 of Schedule 2 where, as a result of the relevant loss of faculty, the beneficiary is incapable of work and likely to remain permanently so incapable.

77A.— (1) Where a person qualifies for an incapacity supplement under section 77, disablement pension shall be increased for the period during which incapacity supplement is payable— (a) by the amount set out in column (3) of Part 4 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of disablement pension under this paragraph in respect of more than one person, (b) by the amount set out in column (4) of Part 4 of Schedule 2 in respect of each qualified child who normally resides with the beneficiary, (c) by the amount set out in column (5) of Part 4 of Schedule 2 where the beneficiary is living alone, and (d) by the amount set out in column (6) of Part 4 of Schedule 2 where the beneficiary is ordinarily resident on an island.

Jobseeker’s benefit — reduction of rates in certain circumstances.

7.— (1) The Principal Act is amended by inserting the following section after section 62: “Jobseeker’s benefit — reduction of rates in certain circumstances.

62A.— Notwithstanding section 62, in the case of a person who— (a) has, when requested to do so by an officer of the Minister, without good cause refused to participate or to agree to participate in a course of training which is considered appropriate by the officer having regard to the training needs of the person and his or her personal circumstances, (b) has, without good cause, refused or failed to avail himself or herself of any reasonable offer of training provided or approved of by An Foras Áiseanna Saothair, or (c) has, without good cause, refused or failed to avail himself or herself of an opportunity of participating in a programme administered by An Foras Áiseanna Saothair and the Minister pursuant to the plan commonly known as the National Employment Action Plan, the weekly rate of jobseeker’s benefit shall be as set out in section 65(2) or, as the case may be, paragraph (a), (b) or (c) of section 65A(2).”.

(i) a payment, if any, referred to in section 38, and (ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001, divided by the number of qualifying contributions in that governing contribution year, (b) without prejudice to paragraph (a), the governing contribution year, for the purposes of the calculation, in accordance with paragraph (a), of the reckonable weekly earnings referred to in subparagraph (ia) of subsection (1)(c) shall be— (i) the governing contribution year, or (ii) the governing contribution year that relates to the jobseeker’s benefit claim referred to in subsection (1)(c)(ia)(II), whichever is the more favourable, and (c) the reckonable weekly income referred to in subparagraph (ii) of that subsection shall be calculated as the total reckonable income in the governing contribution year increased by the amount of— (i) a payment, if any, referred to in section 38, and (ii) an allowable contribution, if any, referred to in Regulation 41 or 42 of the Regulations of 2001, divided by the number of qualifying contributions in that governing contribution year.

65A.— (1) Subject to this Act, in the case of— (a) a person with reckonable weekly earnings specified in section 64(6)(a)(i) or reckonable weekly income specified in section 64(6)(d)(i), the weekly rate of jobseeker’s benefit shall be €84.50, (b) a person with reckonable weekly earnings specified in section 64(6)(a)(ii) or reckonable weekly income specified in section 64(6)(d)(ii), the weekly rate of jobseeker’s benefit shall be €121.40, (c) a person with reckonable weekly earnings specified in section 64(6)(a)(iii) or reckonable weekly income specified in section 64(6)(d)(iii), the weekly rate of jobseeker’s benefit shall be €147.30, (d) a person with reckonable weekly earnings specified in section 64(6)(b)(i) or reckonable weekly income specified in section 64(6)(e)(i), the weekly rate of jobseeker’s benefit shall be €84.50, (e) a person with reckonable weekly earnings specified in section 64(6)(b)(ii) or reckonable weekly income specified in section 64(6)(e)(ii), the weekly rate of jobseeker’s benefit shall be €121.40, (f) a person with reckonable weekly earnings specified in section 64(6)(b)(iii) or reckonable weekly income specified in section 64(6)(e)(iii), the weekly rate of jobseeker’s benefit shall be €147.30, (g) a person with reckonable weekly earnings specified in section 64(6)(c)(i) or reckonable weekly income specified in section 64(6)(f)(i), the weekly rate of jobseeker’s benefit shall be €84.50, (h) a person with reckonable weekly earnings specified in section 64(6)(c)(ii) or reckonable weekly income specified in section 64(6)(f)(ii), the weekly rate of jobseeker’s benefit shall be €121.40, or (i) a person with reckonable weekly earnings specified in section 64(6)(c)(iii) or reckonable weekly income specified in section 64(6)(f)(iii), the weekly rate of jobseeker’s benefit shall be €147.30.

Jobseeker’s allowance — reduction of rates in certain circumstances.

8.— (1) The Principal Act is amended by inserting the following section after section 141 (as amended by section 6 of the Social Welfare and Pensions Act 2009 ): “Jobseeker’s allowance — reduction of rates in certain circumstances.

141A.— Notwithstanding section 141, in the case of a person who— (a) has, when requested to do so by an officer of the Minister, without good cause refused to participate, or to agree to participate, in a course of training which is considered appropriate by the officer having regard to the training needs of the person and his or her personal circumstances, (b) has, without good cause, refused or failed to avail himself or herself of any reasonable offer of training provided or approved of by An Foras Áiseanna Saothair, or (c) has, without good cause, refused or failed to avail himself or herself of an opportunity of participating in a programme administered by An Foras Áiseanna Saothair and the Minister pursuant to the plan commonly known as the National Employment Action Plan, the scheduled rate of jobseeker’s allowance shall be the weekly rate as set out in section 142(1A), 142A(1A) or, as the case may be, 142B(1A).”.

Supplementary welfare allowance — reduced weekly amounts in certain circumstances.

9.— (1) The Principal Act is amended by inserting the following section after section 195: “Supplementary welfare allowance — reduced weekly amounts in certain circumstances.

195A.— Notwithstanding section 195, in the case of a person who— (a) has, when requested to do so by an officer of the Minister, without good cause refused to participate, or to agree to participate, in a course of training which is considered appropriate by the officer having regard to the training needs of the person and his or her personal circumstances, (b) has, without good cause, refused or failed to avail himself or herself of any reasonable offer of training provided or approved of by An Foras Áiseanna Saothair, or (c) has, without good cause, refused or failed to avail himself or herself of an opportunity of participating in a programme administered by An Foras Áiseanna Saothair and the Minister pursuant to the plan commonly known as the National Employment Action Plan, the weekly amount of supplementary welfare allowance payable shall be as set out in subsection (1A), (2A) or, as the case may be, (4A) of section 197.”.

Repeals.

10.— Sections 18, 19 and 20 of the Act of 2010 are repealed.

Abolition of income ceilings.

11.— (1) The Principal Act is amended— (a) in section 2(1) by substituting the following definition for the definition of “qualifying contribution”: “ ‘qualifying contribution’ means the appropriate employment contri­bution or self-employment contribution which was paid in respect of any insured person or the appropriate optional contribution which was paid in respect of any optional contributor;”, (b) in section 13— (i) in subsection (2) (amended by section 3 of the Social Welfare and Pensions Act 2009 ) by deleting paragraphs (c) and (ca), and (ii) by deleting subsection (3), (c) in section 25(1)— (i) in paragraph (a), by substituting “A contribution” for “Subject to paragraph (c), a contribution”, and (ii) by deleting paragraph (c), and (d) in section 29 by substituting the following subsection for subsection (1) (amended by section 4 of the Social Welfare and Pensions Act 2009 ): “(1) An optional contributor shall pay an optional contribution amounting to 4 per cent of his or her reckonable income in excess of €2,500 in the preceding contribution year, or €200, whichever is the greater amount.”.

Abolition of employee PRSI relief on employee pension contributions.

12.— (1) The Principal Act is amended— (a) in section 2(1) by substituting the following definition for the definition of “reckonable emoluments”: “ ‘reckonable emoluments’, in relation to a self-employed contributor, means emoluments (other than reckonable earnings and any other emoluments that may be prescribed) to which Chapter 4 of Part 42 of the Act of 1997 applies;”, (b) in section 13(2)— (i) in paragraph (b) by substituting “paragraph (ba)” for “paragraph (c)”, and (ii) by inserting the following paragraph after paragraph (b): “(ba) Where in any contribution week— (i) a payment of more than €356 is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, and (ii) other than in a case to which subsection (8) applies, the employed contributor’s employer is liable, under paragraph (d)(i), to pay a contribution at the rate of 7.8 per cent, then the reckonable earnings of that employed contributor shall be calculated as if, in that week, they amount to €356 and there shall be payable a contribution by that employed contributor at the rate of €9.16, in that week, (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis) in respect of each employment to which that payment relates.”, (c) by deleting section 38, and (d) in section 38A(1) (inserted by section 8 of the Act of 2009) by substituting “section 34 or 37” for “section 34, 37 or 38”.

Reduction in employer PRSI relief on employee pension contributions.

13.— (1) The Principal Act is amended— (a) in section 2(1) by substituting the following definition for the definition of “reckonable earnings”: “ ‘reckonable earnings’ means, subject to section 13(2)(da) and to regulations, earnings derived from insurable employment or insurable (occupational injuries) employment;”, and (b) in section 13(2)— (i) in paragraph (d), by substituting “Subject to paragraph (da), subsection (8)” for “Subject to subsection (8)”, and (ii) by inserting the following paragraph after paragraph (d): “(da) For the purposes of paragraph (d), reckonable earnings shall be reduced by— (i) so much of the allowable contribution referred to in paragraph (e) of regulation 41 (inserted by section 16 of the Financial Emergency Measures in the Public Interest Act 2009 ) of the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ), and (ii) half of so much of the allowable contribution referred to in— (I) paragraphs (a) to (d) of regulation 41, and (II) regulation 42, of the Income Tax (Employments) (Consolidated) Regulations 2001.”.

Self-employment contributions — increase in rate.

14.— (1) Section 21 of the Principal Act is amended in— (a) subsection (1)(a), by substituting “4 per cent” for “3 per cent”, (b) subsection (1)(c), by substituting “4 per cent” for “3 per cent”, and (c) subsection (3)(a)(i), by substituting “4 per cent” for “3 per cent”.

PART 3

Repeal of Health Contributions Act 1979 Repeal of Health Contributions Act 1979 and consequential amendment.

15.— (1) The Health Contributions Act 1979 is repealed.

SCHEDULE 1

Section 3

. “PART 1 Rates of Periodical Benefits and Increases Description of benefit Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for pre-scribed relative under section 183 (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)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

230.30 153.50 29.80 143.00 7.70 10.00 12.70 additional increase for a qualified adult who has attained pensionable age — 52.80 — — — — — 4. Invalidity Pension:

193.50 138.10 29.80 143.00 7.70 10.00 12.70 additional increase for a beneficiary who has attained the age of 65 years 36.80 — — — — — — additional increase where qualified adult has attained pensionable age — 68.20 — — — — — 5. Widow’s (Contributory) Pension and Widower’s (Contributory) Pension and a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in section 178(1):

193.50 — 29.80 143.00 7.70 10.00 12.70 additional increase for a beneficiary who has attained pensionable age 36.80 — — — — — — 6. Guardian’s Payment (Contributory) 161.00 — — — — — — 7. Carer’s Benefit: in the case of a person to whom section 102(1)(b) applies 205.00 — 29.80 — — — — in the case of a person to whom section 102(1)(a) applies 307.50 — 29.80 — — — —

PART 2

Occupational Injuries Benefits — Gratuity and Grant Description of Grant Amount

(1)

Maximum gratuity 15,320 2. Death Benefit 850

PART 3

Disablement Pension Degree of disablement Weekly rate

(1)

219.00 90 per cent... ... ... ...

197.10 80 per cent... ... ... ...

175.20 70 per cent... ... ... ...

153.30 60 per cent... ... ... ...

131.40 50 per cent... ... ... ...

109.50 40 per cent... ... ... ...

87.60 30 per cent... ... ... ...

65.70 20 per cent... ... ... ...

43.80

PART 4

Increases of Disablement Pension Description of increase Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase where the person is living alone (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)

(1)

(2)

(3)

(4)

(5)

188.00 124.80 29.80 7.70 12.70 additional increase for a beneficiary who has attained the age of 66 years 16.30 — — — — additional increase where the qualified adult has attained the age of 66 years — 10.80 — — — 2. Increase where the person requires constant attendance 205.00 — — — — ”.

SCHEDULE 2

Section 4

. “PART 1 Rates Of Periodical Social Assistance And Increases Description of assistance Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for pres-cribed relative under section 183 (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)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

SCHEDULE 3

Section 4

. “PART 3 Increase Of Blind Pension For One Of A Couple Where Spouse Has Not Attained Pensionable Age Means of claimant or pensioner Weekly rate of increase € Where the weekly means of the claimant or pensioner do not exceed €7.60 124.80 exceed €7.60 but do not exceed €10.10 123.10 exceed €10.10 but do not exceed €12.60 121.50 exceed €12.60 but do not exceed €15.10 119.80 exceed €15.10 but do not exceed €17.60 118.20 exceed €17.60 but do not exceed €20.10 116.50 exceed €20.10 but do not exceed €22.60 114.80 exceed €22.60 but do not exceed €25.10 113.20 exceed €25.10 but do not exceed €27.60 111.50 exceed €27.60 but do not exceed €30.10 109.90 exceed €30.10 but do not exceed €32.60 108.20 exceed €32.60 but do not exceed €35.10 106.50 exceed €35.10 but do not exceed €37.60 104.90 exceed €37.60 but do not exceed €40.10 103.20 exceed €40.10 but do not exceed €42.60 101.60 exceed €42.60 but do not exceed €45.10 99.90 exceed €45.10 but do not exceed €47.60 98.20 exceed €47.60 but do not exceed €50.10 96.60 exceed €50.10 but do not exceed €52.60 94.90 exceed €52.60 but do not exceed €55.10 93.30 exceed €55.10 but do not exceed €57.60 91.60 exceed €57.60 but do not exceed €60.10 89.90 exceed €60.10 but do not exceed €62.60 88.30 exceed €62.60 but do not exceed €65.10 86.60 exceed €65.10 but do not exceed €67.60 85.00 exceed €67.60 but do not exceed €70.10 83.30 exceed €70.10 but do not exceed €72.60 81.70 exceed €72.60 but do not exceed €75.10 80.00 exceed €75.10 but do not exceed €77.60 78.30 exceed €77.60 but do not exceed €80.10 76.70 exceed €80.10 but do not exceed €82.60 75.00 exceed €82.60 but do not exceed €85.10 73.40 exceed €85.10 but do not exceed €87.60 71.70 exceed €87.60 but do not exceed €90.10 70.00 exceed €90.10 but do not exceed €92.60 68.40 exceed €92.60 but do not exceed €95.10 66.70 exceed €95.10 but do not exceed €97.60 65.10 exceed €97.60 but do not exceed €100.10 63.40 exceed €100.10 but do not exceed €102.60 61.70 exceed €102.60 but do not exceed €105.10 60.10 exceed €105.10 but do not exceed €107.60 58.40 exceed €107.60 but do not exceed €110.10 56.80 exceed €110.10 but do not exceed €112.60 55.10 exceed €112.60 but do not exceed €115.10 53.40 exceed €115.10 but do not exceed €117.60 51.80 exceed €117.60 but do not exceed €120.10 50.10 exceed €120.10 but do not exceed €122.60 48.50 exceed €122.60 but do not exceed €125.10 46.80 exceed €125.10 but do not exceed €127.60 45.10 exceed €127.60 but do not exceed €130.10 43.50 exceed €130.10 but do not exceed €132.60 41.80 exceed €132.60 but do not exceed €135.10 40.20 exceed €135.10 but do not exceed €137.60

38.50 exceed €137.60 but do not exceed €140.10 36.80 exceed €140.10 but do not exceed €142.60 35.20 exceed €142.60 but do not exceed €145.10 33.50 exceed €145.10 but do not exceed €147.60 31.90 exceed €147.60 but do not exceed €150.10 30.20 exceed €150.10 but do not exceed €152.60 28.50 exceed €152.60 but do not exceed €155.10 26.90 exceed €155.10 but do not exceed €157.60 25.20 exceed €157.60 but do not exceed €160.10 23.60 exceed €160.10 but do not exceed €162.60 21.90 exceed €162.60 but do not exceed €165.10 20.20 exceed €165.10 but do not exceed €167.60 18.60 exceed €167.60 but do not exceed €170.10 16.90 exceed €170.10 but do not exceed €172.60 15.30 exceed €172.60 but do not exceed €175.10 13.60 exceed €175.10 but do not exceed €177.60 11.90 exceed €177.60 but do not exceed €180.10 10.30 exceed €180.10 but do not exceed €182.60 8.60 exceed €182.60 but do not exceed €185.10 7.00 exceed €185.10 but do not exceed €187.60 5.30 exceed €187.60 but do not exceed €190.10 3.70 exceed €190.10 but do not exceed €192.60 2.00 exceed €192.60 Nil ”.

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