Social Welfare Act 2011

Social Welfare 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 Act 2011 Social Welfare 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 37 of 2011 SOCIAL WELFARE ACT 2011 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

Amendments to Redundancy Payments Act 1967

Section 15

Acts Referred to Redundancy Payments Act 1967 1967, No. 21 Redundancy Payments Act 1979 1979, No. 7 Redundancy Payments Acts 1967 to 2007 Social Welfare (Miscellaneous Provisions) Act 2010 2010, No. 28 Social Welfare Act 2010 2010, No. 34 Social Welfare and Pensions Act 2008 2008, No. 2 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 Number 37 of 2011 SOCIAL WELFARE ACT 2011 AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND TO AMEND THE REDUNDANCY PAYMENTS ACTS 1967 TO 2007. [19th December, 2011] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General Short title, construction and collective citation.

1.— (1) This Act may be cited as the Social Welfare Act 2011.

Part 3

of this Act shall be read together as one and may be cited together as the Redundancy Payments Acts 1967 to 2011.

Definitions.

2.— In this Act— “Act of 2010” means the Social Welfare and Pensions Act 2010 ; “Principal Act” means the Social Welfare Consolidation Act 2005 .

PART 2

Amendments to Social Welfare Acts Disablement benefit.

3.— (1) Section 75 of the Principal Act is amended— (a) in subsection (1) by substituting “not less than 15 per cent” for “not less than 1 per cent”, (b) by inserting the following subsection after subsection (1): “(1A) In the case of any assessment of disablement— (a) where the period to be taken into account by the assessment began before 1 January 2012, or (b) where there has been a provisional assessment, and— (i) the initial period to be taken into account by the assessment began before 1 January 2012, and (ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012, subsection (1) shall be read as if ‘not less than 1 per cent’ were substituted for ‘not less than 15 per cent’.”, (c) in subsection (2) by substituting “would amount to less than 15 per cent” for “would not amount to 1 per cent”, (d) by inserting the following subsection after subsection (2): “(2A) In the case of any assessment of disablement— (a) where the period to be taken into account by the assessment began before 1 January 2012, or (b) where there has been a provisional assessment, and— (i) the initial period to be taken into account by the assessment began before 1 January 2012, and (ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012, subsection (2) shall be read as if ‘would not amount to 1 per cent’ were substituted for ‘would amount to less than 15 per cent’.”, (e) in subsection 10(a) by substituting “not less than 15 per cent” for “not less than 10 per cent”, and (f) by substituting the following subsection for subsection (11): “(11) (a) In the case of any assessment of disablement where the period to be taken into account by the assessment began before 1 May 1990, subsection (10)(a) shall be read as if the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’ were deleted. (b) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 May 1990 but before 1 January 2012, subsection (10)(a) shall be read as if a reference to ‘and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent’ were substituted for the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’.”.

Qualified child increase.

4.— (1) Section 77A (inserted by section 6 of the Social Welfare Act 2010 ) of the Principal Act is amended— (a) by substituting the following subsection for subsection (2): “(2) Subject to subsection (3), any increase of disablement pension payable under subsection (1)(b) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult and subsection (1)(b) shall be read and have effect accordingly.”, and (b) by substituting the following subsection for subsection (3): “(3) Subsection (2) shall not apply and no increase of disablement pension payable under subsection (1)(b) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of the beneficiary shall be payable where the weekly income of that spouse, civil partner or cohabitant, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.”.

State pension (contributory) and State pension (transition) — conditions for receipt.

5.— (1) Section 109 of the Principal Act is amended— (a) by inserting the following subsection after subsection (1): “(1A) In the case of a person who attained pensionable age before 6 April 2002, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b): ‘(b) that the claimant has qualifying contributions in respect of not less than 156 contribution weeks since his or her entry into insurance,’.”, and (b) by substituting the following subsection for subsection (2): “(2) In the case of a person, other than a person who on or before 6 April 1997 is a voluntary contributor paying contributions under Chapter 4 of Part 2, who attained pensionable age on or after 6 April 2002, but before 6 April 2012, subsection (1) shall be read as if the following condition were substituted for the condition in paragraph (b): ‘(b) that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his or her entry into insurance,’.”.

Widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension.

6.— (1) Section 125 of the Principal Act is amended— (a) in subsection (1) (amended by section 17 of the Act of 2010) by substituting the following paragraph for paragraph (a): “(a) that the widow, widower or surviving civil partner has qualifying contributions in respect of not less than 260 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant time, and”, and (b) by inserting the following subsection after subsection (1): “(1A) Where the date of death occurs before 27 December 2013, subsection (1)(a) shall be read as if ‘156’ were substituted for ‘260’.”.

Entitlement to one-parent family payment.

7.— (1) Section 173 (amended by section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010 ) of the Principal Act is amended— (a) in subsection (4) by substituting the following paragraph for paragraph (b): “(b) payable for a period not exceeding 6 consecutive months from the date on which, but for this subsection, that person would have ceased to be so entitled.”, (b) by substituting the following subsection for subsection (5B): “(5B) Subject to subsection (5C), subsections (4), (5) and (5A) shall not apply in any case where a person, by virtue of his or her gross weekly earnings exceeding the amount specified for the purposes of subsection (3), ceases to be entitled to one-parent family payment on or after 5 January 2012.”, and (c) by inserting the following subsection after subsection (5B): “(5C) Notwithstanding subsection (5B), a person who qualifies for the continuation of one-parent family payment in accordance with subsection (4) before 5 January 2012 may continue to receive that payment for the unexpired portion of the period of continuation which occurs on or after 5 January 2012 if— (a) the qualified person continues, during that unexpired portion of that period, to satisfy subsection (4), and (b) the total period of the continuation of that payment does not exceed, in accordance with subsection (4), 6 months from the date on which, but for that subsection, that person would have ceased to be so entitled.”.

Child benefit — amendments.

8.— (1) Section 221 of the Principal Act is amended by substituting the following subsection for subsection (1) (amended by section 5 of the Social Welfare Act 2010 ): “(1) Subject to this Act, a qualified person shall be paid a monthly benefit— (a) 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 for any entitlement to child benefit that occurs during the period beginning on 1 January 2012 and expiring on 31 December 2012, and (b) of €140 for each qualified child in respect of any entitlement to child benefit that occurs on or after 1 January 2013.”.

Late claims.

9.— (1) Section 241(2) of the Principal Act is amended— (a) in paragraph (a) (amended by section 26 of the Act of 2010) by substituting “6 months” for “12 months”, and (b) by inserting the following subsection after subsection (2): “(2A) In the case of a claim for— (a) State pension (transition) made before 5 April 2012, or (b) State pension (contributory), widow’s (con-tributory) pension, widower’s (contributory) pension, surviving civil partner’s (contributory) pension and guardian’s payment (contributory) made before 6 April 2012, subsection (2)(a) shall be read as if ‘12 months’ were substituted for ‘6 months’.”.

Schedule 3 — amendments.

10.— (1) Schedule 3 to the Principal Act is amended— (a) in Part 2, in Rule 1(9) (amended by section 26 of the Act of 2010)— (i) in subparagraph (b)(ii)(I), by substituting “€127” for “€254”, (ii) in subparagraph (b)(ii)(II), by substituting “€190.50” for “€381”, and (iii) by substituting “85 per cent” for “70 per cent”, (b) in Part 3 (amended by section 24 of the Social Welfare Law Reform and Pensions Act 2006 ) by deleting Rule 1(2)(b)(ix), and (c) in Table 2 by deleting paragraph 9.

One-parent family payment — means assessment.

11.— (1) Part 5 of Schedule 3 to the Principal Act is amended in Rule 1(4) (amended by section 8 of the Social Welfare and Pensions Act 2008 ) by substituting the following subparagraphs for subparagraph (b): “(b) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2012 but before 1 January 2013, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded, (c) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2013 but before 1 January 2014, an amount of €110 together with half the weekly earnings in excess of that amount shall be disregarded, (d) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2014 but before 1 January 2015, an amount of €90 together with half the weekly earnings in excess of that amount shall be disregarded, (e) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2015 but before 1 January 2016, an amount of €75 together with half the weekly earnings in excess of that amount shall be disregarded, and (f) in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2016, an amount of €60 together with half the weekly earnings in excess of that amount shall be disregarded;”.

Disqualification from certain payments while participating in Community Employment.

12.— (1) The Principal Act is amended by inserting the following section after section 247A (inserted by section 27 of the Act of 2010): “Disqualification from certain payments while participating in Community Employment.

247B.— (1) A person shall be disqualified from receiving— (a) any benefit specified in section 39(1), other than— (i) disablement benefit payable in accordance with section 75, (ii) death benefit by way of a grant in respect of funeral expenses, (iii) bereavement grant, and (iv) widowed or surviving civil partner grant, (b) an increase, payable under section 77, in disablement pension on account of incapacity, (c) any assistance specified in section 139(1), other than— (i) supplementary welfare allowance in so far as it relates to the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence in accordance with section 198, (ii) supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance with section 200, 201, 202 or 206, and (iii) a widowed or surviving civil partner grant, and (d) infectious diseases maintenance allowance, for any week or part of a week during which he or she is employed under a scheme provided by the Minister and known as Community Employment.

Extension of PRSI liability to share-based remuneration.

13.— (1) Section 2(1) of the Principal Act is amended— (a) by substituting the following definition for the definition of “reckonable earnings” (amended by section 13 of the Social Welfare Act 2010 ): “ ‘reckonable earnings’ means, subject to section 13(2)(da)— (a) in the case of an employed contributor, not being a special contributor, emoluments derived from insurable employment or insurable (occupational injuries) employment (other than such emoluments that may be prescribed) to which Chapter 4 of Part 42 of the Act of 1997 applies, but without regard to Chapter 1 of Part 44 of that Act, and (b) in the case of a special contributor— (i) salaries, wages or other remuneration including non-pecuniary remuneration derived from insurable employment or insurable (occupational injuries) employment to which the Act of 1997 (other than Chapter 4 of Part 42) applies or would apply if the employed contributor in receipt of the remuneration were resident in the State, but without regard to Chapter 1 of Part 44 of that Act, and (ii) payments to persons attending or engaged in courses or schemes provided or approved by— (I) An Foras Áiseanna Saothair, (II) Teagasc, or (III) the National Tourism Development Authority, and reckonable earnings shall include, in the case of employed contributors and special contributors, share-based remuneration realised, acquired or appropriated, as the case may be, on or after 1 January 2011;”, (b) by substituting the following definition for the definition of “reckonable emoluments” (amended by section 12 of the Social Welfare Act 2010 ): “ ‘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 and reckonable emoluments shall include share-based remuneration realised, acquired or appropriated, as the case may be, on or after 1 January 2011;”, and (c) by inserting the following definitions: “ ‘share-based remuneration’ means— (a) any gain realised by the exercise, assignment or release of a right in accordance with section 128 of the Act of 1997, (b) in the case of convertible securities within the meaning of section 128C of the Act of 1997, the chargeable amount computed in accordance with that section, (c) in the case of restricted shares within the meaning of section 128D of the Act of 1997, the chargeable amount computed in accordance with that section, (d) in the case of a profit sharing scheme approved by the Revenue Commissioners in accordance with Part 2 of Schedule 11 to the Act of 1997, the initial market value of the appropriated shares within the meaning of section 510(2) of that Act, and

(e) in the case of a savings-related share option scheme approved by the Revenue Commissioners in accordance with Schedule 12A to the Act of 1997, any gain realised by the exercise of a right in accordance with section 519A of that Act, where that gain, chargeable amount, value or amount is realised, acquired or appropriated, as the case may be, on or after 1 January 2011, but share-based remuneration shall not include any such gain, chargeable amount, value or amount realised, acquired or appropriated, as the case may be— (i) during the contribution year commencing on 1 January 2011 in respect of shares (including stock) that are the subject of a written contract or agreement that is in place before 1 January 2011, or (ii) in respect of shares (including stock) that were acquired before 1 January 2011 by an employee share ownership trust to which section 519 of the Act of 1997 applies; ‘special contributor’ means an employed contributor— (a) in receipt of reckonable earnings referred to in paragraph (b) of the definition of reckonable earnings, or (b) to whom paragraphs (a) and (b) of section 13(4A) apply;”.

34A.— (1) The Minister may return, subject to any conditions, restrictions and deductions, any contributions— (a) paid in accordance with section 13(2)(b)— (i) by virtue of clauses (I) to (VI) of paragraphs (a) and (b) of the definition of ‘reckonable earnings’ contained in Article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) (inserted by Article 4 of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) Regulations 2010 ( S.I. No. 684 of 2010 )), in respect of any gain, chargeable amount, value or amount realised, acquired or appropriated, as the case may be, during the contribution year commencing on 1 January 2011 which is the subject of a written contract or agreement that is in place before 1 January 2011, or (ii) in respect of share-based remuneration received by way of forfeitable shares to which section 128E of the Act of 1997 refers, where subsection (6) of that section applies, and (b) paid in accordance with section 13(2)(d), by virtue of clauses (I) to (VI) of paragraphs (a) and (b) of the definition of ‘reckonable earnings’ contained in Article 3 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 ( S.I. No. 312 of 1996 ) (inserted by Article 4 of the Social Welfare (Consolidated Contributions and Insurability) (Amendment) Regulations 2010 ( S.I. No. 684 of 2010 )).

Abolition of employer PRSI relief on employee pension contributions.

14.— (1) Section 13(2) of the Principal Act is amended in paragraph (da) (amended by section 13 ) by deleting subparagraph (ii).

PART 3

Amendments to Redundancy Payments Act 1967 Amendment of section 29 of Redundancy Payments Act 1967.

15.— (1)

Section 29

of the Redundancy Payments Act 1967 (amended by section 6 of the Redundancy Payments Act 1979 ) is amended— (a) in subsection (1), by substituting “15 per cent” for “60 per cent”, (b) in subsection (2), by substituting “5 per cent” for “40 per cent”, and (c) by inserting the following subsections after subsection (3): “(4) Where an employer makes a claim for a rebate on or after 1 January 2012 in respect of a lump sum payment paid to an employee under section 19 and the date of dismissal by reason of redundancy, referred to in section 19, occurs before 1 January 2012— (a) subsection (1) shall be read as if ‘60 per cent’ were substituted for ‘15 per cent’, and (b) subsection (2) shall be read as if ‘40 per cent’ were substituted for ‘5 per cent’.

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