Social Welfare and Pensions Act 2013

Social Welfare and Pensions Act 2013 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 2013 Social Welfare and Pensions Act 2013 Social Welfare and Pensions Act 2013 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 38 of 2013 SOCIAL WELFARE AND PENSIONS ACT 2013 CONTENTS

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

PART 3

Amendment to Personal Injuries Assessment Board Act 2003

Section 14

PART 4

Amendments to Pensions Act 1990

Section 15

Section 16

Section 17

Section 18

PART 1

Preliminary and General Short title, construction, collective citations and commencement 1. (1) This Act may be cited as the Social Welfare and Pensions Act 2013.

PART 2

Amendments to Social Welfare Acts Definitions 2. “Act of 2005” means the Social Welfare Act 2005 ; “Act of 2009” means the Social Welfare and Pensions (No. 2) Act 2009 ; “Act of 2010” means the Social Welfare (Miscellaneous Provisions) Act 2010 ; “Principal Act” means the Social Welfare Consolidation Act 2005 .

Contributions by certain persons 3. (1) Chapter 5B (inserted by section 6 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 ) of Part 2 of the Principal Act is amended— (a) in section 30E— (i) by inserting the following subsection after subsection (1): “(1A) This Chapter applies to— (a) an employed contributor, and (b) a person who is in receipt of a pension arising from a previous employment of that person or of his or her spouse or civil partner, where such employed contributor or such person— (i) has attained the age of 16 years but has not attained pensionable age, and (ii) in a contribution year receives income referred to in subsection (3).”, and (ii) by inserting the following subsections after subsection (2): “(3) The income received by an employed contributor referred to in subsection (1A)(a) or a person referred to in subsection (1A)(b) in a contribution year to which subsection (1A) refers is unearned reckonable income where such employed contributor or person does not have— (a) reckonable emoluments, or (b) reckonable income to which— (i) Chapter 3 of Part 4, or (ii) Part 43, of the Act of 1997 applies, in that contribution year.

Illness benefit — amendments 4. (1) Section 40 of the Principal Act is amended— (a) in subsection (2), by substituting “6” for “3”, (b) by inserting the following subsection after subsection (2): “(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day of incapacity for work.”, and (c) in subsection (3)— (i) by deleting the following in paragraph (d): “and a period of incapacity for work is deemed to include any day or days of unemployment in the period of 3 consecutive days before the first day of incapacity for work”, and (ii) in paragraph (f), by substituting “other than for the purposes of subsection (2A), Sunday” for “Sunday”.

Maternity benefit — rate of benefit 5. (1) Section 49 (amended by section 7 of the Act of 2005) of the Principal Act is amended by substituting the following subsection for subsection (1): “(1) Subject to this Act, the weekly rate of maternity benefit shall be— (a) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of— (i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or (iii) any amount that shall be prescribed, for the purposes of this paragraph, or (b) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of— (i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or (ii) €230.”.

Adoptive benefit — rate of benefit 6. (1) Section 60 (amended by section 8 of the Act of 2005) of the Principal Act is amended by substituting the following subsection for subsection (1): “(1) Subject to this Act, the weekly rate of adoptive benefit shall be— (a) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of— (i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or (ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or (iii) any amount that shall be prescribed, for the purposes of this paragraph, or (b) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of— (i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or (ii) €230.”.

Injury benefit — amendments 7. (1) Section 74 of the Principal Act is amended— (a) in subsection (2), by substituting “6” for “3”, and (b) by inserting the following subsections after subsection (2): “(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day on which, as a result of the injury, he or she is incapable of work. (2B) Subsection (2) shall not apply to a person who had a period of incapacity for work immediately before, or not more than 3 days before the first day on which, as a result of the injury, he or she is incapable of work.”.

Discontinuance of payment of bereavement grant 8. (1) Section 134 of the Principal Act is amended by substituting the following subsection for subsection (1) (amended by sections 17 and 26 of the Social Welfare and Pensions Act 2010 ): “(1) Subject to this Act, a bereavement grant shall be payable to the person or persons that may be prescribed— (a) on the death, before 1 January 2014, of— (i) a pensioner, (ii) a qualified adult, (iii) a spouse, civil partner or cohabitant of a pensioner, (iv) a qualified child in respect of whom an increase of pension specified in paragraphs (a) to (f) in the definition of ‘pensioner’ in subsection (3) was being paid at the time of death, (v) an orphan, or (vi) a person to whom a guardian’s payment (contributory) is payable under section 133, or (b) where the contribution conditions in section 135 are satisfied, on the death, before 1 January 2014, of— (i) an insured person, (ii) the spouse, civil partner or cohabitant of an insured person, (iii) the widow, widower or surviving civil partner of a deceased insured person, or (iv) a qualified child other than a qualified child referred to in paragraph (a)(iv).”.

Jobseeker’s allowance — amendments 9. (1) The Principal Act is amended— (a) in section 142A— (i) in subsection (1)(a) (amended by section 6 of the Act of 2009), by substituting “25” for “22”, (ii) in subsection (4), by inserting the following paragraph after paragraph (aa) (inserted by section 21 of the Act of 2010): “(ab) the period of unemployment commenced on or before 14 January 2014 and the claimant was a person— (i) who, on or before that date, attained the age of 22 years and had not attained the age of 25 years, and (ii) to whom, on or before 14 January 2014, section 142B applied,”, (iii) in subsection (4), by deleting paragraph (b), and (iv) in subsection (4)(d) (amended by section 6 of the Act of 2009), by substituting “25” for “22”, and (b) in section 142B (inserted by section 6 of the Act of 2009)— (i) in subsection (1)(a)— (I) by substituting “25” for “22”, and (II) by substituting “26” for “25”, (ii) in subsection (3) (amended by section 21 of the Act of 2010), by inserting the following paragraph after paragraph (a): “(aa) the period of unemployment commenced on or before 14 January 2014 and the claimant was a person— (i) who, on or before that date, attained the age of 25 years and had not attained the age of 26 years, and (ii) to whom, on or before 14 January 2014, section 142 applied,”, and (iii) in subsection (3), by deleting paragraph (b).

Supplementary welfare allowance — amendments 10. (1) Section 197 (amended by section 7 of the Social Welfare and Pensions Act 2009 ) of the Principal Act is amended— (a) in subsection (2) (amended by section 13 of the Act of 2009), by substituting “25” for “22”, (b) in subsection (3) (amended by section 13 of the Act of 2009), by inserting the following paragraph after paragraph (a): “(aa) has been in continuous receipt of the allowance from a date on or before 8 January 2014 and where, in the period prior to that date, the claimant was not a person to whom subsection (2) applied, or”, (c) in subsection (3)(b) (amended by section 13 of the Act of 2009), by substituting “25” for “22”, (d) in subsection (4) (inserted by section 13 of the Act of 2009)— (i) by substituting “25” for “22”, and (ii) by substituting “26” for “25”, and (e) by inserting the following subsection after subsection (5) (inserted by section 13 of the Act of 2009): “(6) Subsection (4) shall not apply in the case of a claim for supplementary welfare allowance where— (a) the claimant has been in continuous receipt of the allowance from a date on or before 8 January 2014, and (b) in the period prior to that date, the claimant was not a person to whom subsection (4) applied.”.

Discontinuance of mortgage interest supplement 11. Section 198 of the Principal Act is amended— (a) in subsection (5) (amended by section 14 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) by substituting “Subject to subsections (10) and (11) and without prejudice to” for “Without prejudice to”, and (b) by inserting the following subsections after subsection (9) (amended by section 11 of, and Schedule 2 to, the Social Welfare and Pensions Act 2010 ): “(10) The supplement referred to in subsection (5), payable towards the amount of mortgage interest payable by a person shall not be paid to any person on or after 1 January 2018.

Invalidity pension — rate of pension in certain cases 12. (1) The Principal Act is amended in Part 1 (amended by section 3 of the Social Welfare Act 2010 ) of Schedule 2 by substituting the following for reference 4: “ 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 before 2 January 2014 36.80 - - - - - - Additional increase where a qualified adult has attained pensionable age before 2 January 2014 - 68.20 - - - - - ”.

Recovery of certain benefits and assistance 13. The Principal Act is amended— (a) in section 4(4)(a), by substituting “342, 343M and 363” for “342 and 363”, (b) in section 300(2)— (i) in paragraph (h), by substituting “and insurability),” for “and insurability), and”, and (ii) by inserting the following after paragraph (h): “(hh) Part 11B (recovery of certain benefits and assistance) being a question as to whether a benefit, or any part of a benefit, specified in a statement of recoverable benefits is a recoverable benefit within the meaning of that Part, and”, (c) in section 311 (amended by section 18 of the Social Welfare and Pensions Act 2008 )— (i) in subsection (1), by substituting “Subject to subsection (4), where any person” for “Where any person”, and (ii) by inserting the following after subsection (3): “(4) No appeal may be made under subsection (1) by any person against the decision given by a deciding officer on a question under paragraph (hh) (inserted by section 13(b) of the Social Welfare and Pensions Act 2013) of section 300(2) until the recoverable benefits specified in the statement of recoverable benefits have been paid to the Minister in accordance with section 343R (inserted by section 13(d) of the Social Welfare and Pensions Act 2013).”, (d) by inserting the following after Part 11A (inserted by section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013): “Part 11B Recovery of Certain Benefits and Assistance Interpretation 343L. (1) In this Part— ‘Act of 2003’ means the Personal Injuries Assessment Board Act 2003 ; ‘Board’ means the Personal Injuries Assessment Board; ‘compensation payment’ has the meaning assigned to it by section 343M; ‘compensator’ has the meaning assigned to it by section 343M; ‘court’ means, in relation to a personal injury action, the court in which that action has been brought, being the High Court, Circuit Court or District Court, as the case may be; ‘injured person’ has the meaning assigned to it by section 343M and includes any person acting on his or her behalf or his or her personal representative; ‘personal injury’ includes any disease and any impairment of a person’s physical or mental condition; ‘recoverable benefits’ has the meaning assigned to it by subsection (2); ‘relevant compensation payment’ means any part of a compensation payment that is attributable to loss of earnings or profits of an injured person; ‘specified benefits’ has the meaning assigned to it by section 343O; ‘specified period’ shall be construed in accordance with section 343N;

‘statement of recoverable benefits’ means a statement issued by the Minister under section 343P.

Application of Part 343M. (1) Subject to subsection (2), this Part applies where— (a) a payment (in this Part referred to as a ‘compensation payment’) is made by or on behalf of a person (in this Part referred to as the ‘compensator’) who is, or is alleged to be, liable to any extent in respect of a personal injury, not causing death, suffered by any other person (in this Part referred to as the ‘injured person’), (b) the injured person has received, is receiving, or may receive, a specified benefit as a result of that personal injury during the specified period, and (c) the compensation payment is made on or after the commencement of this Part unless that payment is made pursuant to a court order, an order of the Board in accordance with the Act of 2003 or a settlement and that order or settlement is made before the commencement of this Part.

Specified period 343N. The specified period in respect of which specified benefits are recoverable is the period beginning on the date on which the injured person first becomes entitled to a specified benefit as a result of the personal injury and ending on the earliest of the following— (a) the expiration of the period of 5 years from that date, (b) the date on which a compensator makes a compensation payment in final discharge of any claim made by or in respect of the injured person as a result of the personal injury, or (c) the date on which an agreement is made under which agreement an earlier payment is treated as having been made in final discharge of any such claim.

Specified benefits 343O. The specified benefits are: (a) illness benefit under Chapter 8 of Part 2; (b) partial capacity benefit under Chapter 8A of Part 2; (c) injury benefit under section 74; (d) an increase of disablement pension in accordance with section 77 or 77A, where the person is incapable of work and likely to remain permanently so incapable; (e) invalidity pension under Chapter 17 of Part 2; (f) disability allowance under Chapter 10 of Part 3.

Application for statement of recoverable benefits 343P. (1) Subject to subsection (2), a compensator shall apply to the Minister for a statement of recoverable benefits before making any compensation payment to, or in respect of, an injured person.

Statement of recoverable benefits 343Q. (1) A statement of recoverable benefits shall, in respect of the injured person concerned, specify the amount of recoverable benefits.

Obligation to pay recoverable benefits 343R. (1) Subject to subsection (2), a compensator shall pay to the Minister the amount of recoverable benefits specified in the statement of recoverable benefits before making any compensation payment to, or in respect of, an injured person.

Reduction of compensation payment to injured person 343S. (1) A compensator who pays an amount equal to the total amount of the recoverable benefits to the Minister in accordance with section 343R may reduce the relevant compensation payment payable to the injured person by that amount and shall notify the injured person accordingly.

Discharge of liability to injured person 343T. Where this Part applies to a claim for a compensation payment by or on behalf of an injured person, that claim, in so far as it relates to a relevant compensation payment, shall be treated as discharged to the extent that the compensator has made a payment to the Minister in respect of that claim in accordance with section 343R.

Refund to compensator where specified benefit not paid 343U. (1) Where a compensator has made a payment to the Minister in accordance with section 343R and any part of that payment includes specified benefits referred to in subsection (2), the Minister shall refund to the compensator the amount of that payment which represents those benefits.

Appeal under section 311 343V. (1) This section applies where an appeal is brought under section 311 (amended by section 13 (c) of the Social Welfare and Pensions Act 2013) against a decision given by a deciding officer on a question under paragraph (hh) (inserted by section 13 (b) of the Social Welfare and Pensions Act 2013) of section 300(2).

More than one compensator making compensation payment 343W. Where two or more compensators are liable by virtue of this Part for recoverable benefits for the same personal injury, they shall be liable jointly and severally to the Minister in relation to those benefits and Part III of the Civil Liability Act 1961 shall be read as applying to that liability with all necessary modifications.”, and (e) by repealing subsections (1) and (2) of section 96, and section 286.

PART 3

Amendment to Personal Injuries Assessment Board Act 2003 Amendment to section 38 of Personal Injuries Assessment Board Act 2003 14.

Section 38

of the Personal Injuries Assessment Board Act 2003 is amended by substituting the following for subsection (2): “(2) An order to pay shall state that the respondent to whom it is issued is liable to pay— (a) to the Minister for Social Protection, the amount of recoverable benefits specified in the statement of recoverable benefits (if any) in accordance with the provisions of Part 11B (inserted by section 13 (d) of the Social Welfare and Pensions Act 2013) of the Social Welfare Consolidation Act 2005 , and (b) to the claimant— (i) the amount of damages specified in the assessment less the amount referred to in paragraph (a), and (ii) the amount, if any, directed to be paid under section 44 or 45 or both of those sections.”.

PART 4

Amendments to Pensions Act 1990 Definition 15. In this Part, “Principal Act” means the Pensions Act 1990 .

Amendment of section 59B of Principal Act 16. Section 59B of the Principal Act is amended in subsection (3), in the definition of “pension”, by inserting the following paragraph after paragraph (e): “(ea) surviving civil partner’s (contributory) pension,”.

Amendment of section 59C of Principal Act 17. Section 59C of the Principal Act is amended in subsection (1), in the definition of “State pension”, by inserting the following paragraph after paragraph (e): “(ea) surviving civil partner’s (contributory) pension,”.

New section 59H inserted into Principal Act 18. The Principal Act is amended by inserting the following section after section 59G (amended by section 39 of the Social Welfare and Pensions Act 2012 ): “Power to amend scheme rules in certain circumstances 59H. (1) Notwithstanding anything in this Act or any other enactment or any rule of law or the rules of a scheme— (a) where the trustees of a scheme are permitted to reduce the amount of a benefit in accordance with section 59B(2)(a), they may make such amendments to the rules of the scheme as they consider appropriate to permit the reduction of the benefit payable to a person who reaches the age of 65 years on or after 1 January 2014 as if the State pension (contributory) commenced to be payable to that person from the age of 65 years, and (b) where the trustees of a scheme are required by the rules of the scheme to pay an integrated pension calculated by reference to the State pension (contributory) payable from the age of 65 years to a person who reaches the age of 65 years on or after 1 January 2014, they may make such amendments to the rules of the scheme as they consider appropriate to permit the application of the State pension offset in respect of that person by reference to a notional amount as if the State pension (contributory) had commenced to be payable to that person from the age of 65 years.

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