Social Welfare Act 2022
What is this act about?
This law, the Social Welfare Act 2022, amends and expands existing social welfare laws, updating various benefits and payments. It primarily focuses on adjusting rates and definitions within the social welfare system.
Who it applies to: Individuals receiving or applying for social welfare benefits and payments; Families receiving or applying for the Working Family Payment.
At a glance
- Country
- Ireland
- Area of law
- Banking, insurance and financial markets
- Articles
- 18
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Definitions related to reckonable income and qualified adults.
- Rates for various social insurance benefits, including maternity, adoptive, paternity, and parent's benefits.
- Income thresholds for the Working Family Payment.
- Rules for claiming Partial Capacity Benefit.
Who does this act apply to?
- Individuals receiving or applying for social welfare benefits and payments.
- Families receiving or applying for the Working Family Payment.
What are the key points?
- Employment contributions have been updated, with the figure of "€410" replaced by "€441" in certain paragraphs, effective 1 January 2023.
- Maternity, Adoptive, Paternity, and Parent's benefits are set at a new rate of "€262", effective 2 January 2023.
- Jobseeker's benefit rates have increased, for example, from "€93.30" to "€98.70" in some cases, effective 29 December 2022.
- Working Family Payment income thresholds have increased, for example, a family with 1 child now has a threshold of "€591", effective 5 January 2023.
Banking, insurance and financial markets
Banking, insurance and financial markets
Legal text
Legal text
Social Welfare Act 2022 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 2022 Social Welfare Act 2022 Social Welfare Act 2022 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 43 of 2022 SOCIAL WELFARE ACT 2022 CONTENTS Section
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
Definitions 1. In this Act— “Act of 2019” means the Social Welfare Act 2019 ; “Act of 2021” means the Social Welfare Act 2021 ; “Principal Act” means the Social Welfare Consolidation Act 2005 .
Reckonable income - amendment to definition 2. (1) Section 2(1) of the Principal Act is amended, in paragraph (a) of the definition of “reckonable income” (amended by section 6
Qualified adult - amendment to definition 3. Section 2(2) of the Principal Act is amended, in paragraph (a) of the definition of “qualified adult”— (a) in subparagraph (vii), by the substitution of the following clause for clause V: “(V) the national internship scheme, or”, and (b) by the insertion of the following subparagraph after subparagraph (vii): “(viii) a spouse, civil partner or cohabitant of that person, where that person is in receipt of jobseeker’s allowance, and the spouse, civil partner or cohabitant is a participant under a scheme provided by the Minister and known as Community Employment,”.
Employment contributions 4. (1) Section 13(2) (amended by section 3 of the Act of 2021) of the Principal Act is amended, in paragraph (d)— (a) in subparagraph (i), by the substitution of “€441” for “€410”, and (b) in subparagraph (ii), by the substitution of “€441” for “€410”.
Maternity benefit - new rate 5. (1) Section 49(1) (amended by section 5 of the Act of 2021) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii): “(ii) €262.”.
Adoptive benefit - new rate 6. (1) Section 60(1) (amended by section 6 of the Act of 2021) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii): “(ii) €262.”.
Paternity benefit - new rate 7. (1) Section 61D (amended by section 7 of the Act of 2021) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b): “(b) €262.”.
Parent’s benefit - new rate 8. (1) Section 61I (amended by section 9 of the Act of 2021) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b): “(b) €262.”.
Increase in rates of jobseeker’s benefit and jobseeker’s benefit (self-employed) relating to certain reckonable weekly earnings, certain weekly income, certain reckonable weekly income and certain periods 9. (1) Section 65A(1) (amended by section 10(1) of the Act of 2021) of the Principal Act is amended— (a) in paragraphs (a), (d) and (g), by the substitution of “€98. 70” for “€93.30” in each place where it occurs, (b) in paragraphs (b), (e) and (h), by the substitution of “€141. 90” for “€134.20” in each place where it occurs, and (c) in paragraphs (c), (f) and (i), by the substitution of “€172. 30” for “€162.90” in each place where it occurs.
Working family payment - increased income thresholds 10. (1) The Principal Act is amended by the substitution of the following section for section 228: “Working family payment 228. Subject to this Act, an allowance (in this Act referred to as ‘working family payment’) shall be payable out of moneys provided by the Oireachtas in respect of a family where the weekly family income is less than— (a) in the case of a family which includes only 1 child, €591, (b) in the case of a family which includes 2 children, €692, (c) in the case of a family which includes 3 children, €793, (d) in the case of a family which includes 4 children, €884, (e) in the case of a family which includes 5 children, €1,010, (f) in the case of a family which includes 6 children, €1,126, (g) in the case of a family which includes 7 children, €1,262, or (h) in the case of a family which includes 8 or more children, €1,358.”.
Partial capacity benefit - claims 11. Section 241 of the Principal Act is amended, in subsection (2), by the insertion of the following paragraph after paragraph (b): “(ba) in the case of partial capacity benefit— (i) where the claim is made before the person commences employment, in respect of any period more than 13 weeks before such commencement, or (ii) where the claim is made after the person commences employment, in respect of any period more than 3 weeks after such commencement,”.
Amendment of section 359A of Principal Act 12. The Principal Act is amended, in section 359A— (a) by the substitution of the following subsection for subsection (4): “(4) The Minister shall not be, or be deemed to be, an employer within the meaning of the Terms of Employment (Information) Acts 1994 to 2014 by reason only of— (a) the provision of funding by him or her to a person pursuant to a scheme or programme provided under this section, or (b) a payment made by him or her in accordance with subsection (5).”, and (b) by the insertion of the following subsection after subsection (4): “(5) The Minister may, subject to the approval of the Minister for Public Expenditure and Reform, pay from the Exchequer sums agreed in relation to the scheme established and administered by the Minister and known as the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors.”.
Social insurance benefits - new rates 13. (1) Schedule 2 (amended by section 19 of the Act of 2021) to the Principal Act is amended by the substitution of the Parts set out in Schedule 1 for Parts 1 to 4 of Schedule 2 to the Principal Act.
Rules as to calculation of means 14. (1) Schedule 3 to the Principal Act is amended— (a) in Rule 1(2)(b)(ix) (amended by section 20(a) of the Act of 2021) of Part 2, by the substitution of “€5,000” for “€2,540” in each place where it occurs, and (b) in Rule 1(2)(b)(x) (amended by section 20(b) of the Act of 2021) of Part 3, by the substitution of “€5,000” for “€2,540” in each place where it occurs.
Social assistance payments - new rates 15. (1) Schedule 4 (amended by section 23 of the Act of 2021) to the Principal Act is amended by the substitution of the Parts set out in Schedule 2 for Parts 1 to 3 of Schedule 4 to the Principal Act.
Domiciliary care allowance - new rate 16. (1) Part 5 (amended by section 19 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) of Schedule 4 to the Principal Act is amended by the substitution of “€330. 00” for “€309.50”.
Amendment of Taxes Consolidation Act 1997 17. The Taxes Consolidation Act 1997 is amended by the insertion of the following section after section 192M: “Exemption of payments in relation to Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors 192N. (1) A payment made in relation to the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts.
Short title and construction 18. (1) This Act may be cited as the Social Welfare Act 2022.
SCHEDULE 1 Social Insurance Benefits (New Rates) - Substitution of Parts 1 to 4 of Schedule 2
Section 13
“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)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
265.30 176.70 42.00 50.00 22.00 10.00 20.00 additional increase for a qualified adult who has attained pensionable age - 61.10 - - - - - 3A. State Pension (Transition): - - - - - - - additional increase where a qualified adult has attained pensionable age before 2 January 2014 - - - - - - - 4. Invalidity Pension 225.50 161.10 42.00 50.00 22.00 10.00 20.00 additional increase where a qualified adult has attained pensionable age before 2 January 2014 - 76.70 - - - - - 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(1):
225.50 - 42.00 50.00 22.00 10.00 20.00 additional increase for a beneficiary who has attained pensionable age 39.80 - - - - - - 6. Guardian’s Payment (Contributory) 203.00 - - - - - - 7. Carer’s Benefit: (a) in the case of a person to whom section 102(1)(b) applies 237.00 - 42.00 50.00 - - - (b) in the case of a person to whom section 102(1)(a) applies 355.50 - 42.00 50.00 - - -
PART 2
Occupational Injuries Benefits - Gratuities and Grant Description of Grant
Maximum gratuity 17,560 2. Death Benefit 850
PART 3
Disablement Pension Degree of disablement
251.00 90 per cent ... ... ... ...
225.90 80 per cent ... ... ... ...
200.80 70 per cent ... ... ... ...
175.70 60 per cent ... ... ... ...
150.60 50 per cent ... ... ... ...
125.50 40 per cent ... ... ... ...
100.40 30 per cent ... ... ... ...
75.30 20 per cent ... ... ... ...
50.20
PART 4
Increases of Disablement Pension Description of Increase 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 Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)
(1)
(2)
(3)
(4)
(5)
(6)
SCHEDULE 2 Social Assistance Payments (New Rates) - Substitution of Parts 1 to 3 of Schedule 4
Section 15
“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)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PART 2
Increase of State Pension (Non-Contributory) for one of a couple where spouse, civil partner, or cohabitant of that person has not attained pensionable age Means of claimant or pensioner
77.00 exceed €167.50 but do not exceed €170.00 75.30 exceed €170.00 but do not exceed €172.50 73.70 exceed €172.50 but do not exceed €175.00 72.00 exceed €175.00 but do not exceed €177.50 70.40 exceed €177.50 but do not exceed €180.00 68.70 exceed €180.00 but do not exceed €182.50 67.10 exceed €182.50 but do not exceed €185.00 65.40 exceed €185.00 but do not exceed €187.50 63.80 exceed €187.50 but do not exceed €190.00 62.10 exceed €190.00 but do not exceed €192.50 60.40 exceed €192.50 but do not exceed €195.00 58.80 exceed €195.00 but do not exceed €197.50 57.10 exceed €197.50 but do not exceed €200.00 55.50 exceed €200.00 but do not exceed €202.50 53.80 exceed €202.50 but do not exceed €205.00 52.20 exceed €205.00 but do not exceed €207.50 50.50 exceed €207.50 but do not exceed €210.00 48.90 exceed €210.00 but do not exceed €212.50 47.20 exceed €212.50 but do not exceed €215.00 45.60 exceed €215.00 but do not exceed €217.50 43.90 exceed €217.50 but do not exceed €220.00 42.30 exceed €220.00 but do not exceed €222.50 40.60 exceed €222.50 but do not exceed €225.00 39.00 exceed €225.00 but do not exceed €227.50 37.30 exceed €227.50 but do not exceed €230.00 35.70 exceed €230.00 but do not exceed €232.50 34.00 exceed €232.50 but do not exceed €235.00 32.40 exceed €235.00 but do not exceed €237.50 30.70 exceed €237.50 but do not exceed €240.00 29.10 exceed €240.00 but do not exceed €242.50 27.40 exceed €242.50 but do not exceed €245.00 25.80 exceed €245.00 but do not exceed €247.50 24.10 exceed €247.50 but do not exceed €250.00 22.50 exceed €250.00 but do not exceed €252.50 20.80 exceed €252.50 but do not exceed €255.00 19.20 exceed €255.00 but do not exceed €257.50 17.50 exceed €257.50 but do not exceed €260.00 15.90 exceed €260.00 but do not exceed €262.50 14.20 exceed €262.50 but do not exceed €265.00 12.60 exceed €265.00 but do not exceed €267.50 10.90 exceed €267.50 but do not exceed €270.00 9.20 exceed €270.00 but do not exceed €272.50 7.60 exceed €272.50 but do not exceed €275.00 5.90 exceed €275.00 but do not exceed €277.50 4.30 exceed €277.50 but do not exceed €280.00 2.60 exceed €280.00 Nil
PART 3
Increase of Blind Pension for one of a couple where spouse, civil partner, or cohabitant of that person has not attained pensionable age Means of claimant or pensioner
54.80 exceed €145.10 but do not exceed €147.60 53.10 exceed €147.60 but do not exceed €150.10 51.40 exceed €150.10 but do not exceed €152.60 49.80 exceed €152.60 but do not exceed €155.10 48.10 exceed €155.10 but do not exceed €157.60 46.50 exceed €157.60 but do not exceed €160.10 44.80 exceed €160.10 but do not exceed €162.60 43.10 exceed €162.60 but do not exceed €165.10 41.50 exceed €165.10 but do not exceed €167.60 39.80 exceed €167.60 but do not exceed €170.10 38.20 exceed €170.10 but do not exceed €172.60 36.50 exceed €172.60 but do not exceed €175.10 34.80 exceed €175.10 but do not exceed €177.60 33.20 exceed €177.60 but do not exceed €180.10 31.50 exceed €180.10 but do not exceed €182.60 29.90 exceed €182.60 but do not exceed €185.10 28.20 exceed €185.10 but do not exceed €187.60 26.50 exceed €187.60 but do not exceed €190.10 24.90 exceed €190.10 but do not exceed €192.60 23.20 exceed €192.60 but do not exceed €195.10 21.60 exceed €195.10 but do not exceed €197.60 19.90 exceed €197.60 but do not exceed €200.10 18.30 exceed €200.10 but do not exceed €202.60 16.60 exceed €202.60 but do not exceed €205.10 14.90 exceed €205.10 but do not exceed €207.60 13.30 exceed €207.60 but do not exceed €210.10 11.60 exceed €210.10 but do not exceed €212.60 10.00 exceed €212.60 but do not exceed €215.10 8.30 exceed €215.10 but do not exceed €217.60 6.60 exceed €217.60 but do not exceed €220.10 5.00 exceed €220.10 but do not exceed €222.60 3.30 exceed €222.60 but do not exceed €225.10 1.70 exceed €225.10 Nil ”.
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