Social Welfare Act 2010

• Jurisdiction: Ireland
• Citation: IR No. 34/2010
• Year: 2010

Number 34 of 2010
SOCIAL WELFARE ACT 2010
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, construction and commencement.
2. Definitions.
PART 2
Amendments to Social Welfare Acts
3. Social insurance benefits (new rates).
4. Social assistance payments (new rates).
5. Child benefit (new rates).
6. Increases in disablement pension.
7. Jobseeker’s benefit — reduction of rates in certain circumstances.
8. Jobseeker’s allowance — reduction of rates in certain circumstances.
9. Supplementary welfare allowance — reduced weekly amounts in certain circumstances.
10. Repeals.
11. Abolition of income ceilings.
12. Abolition of employee PRSI relief on employee pension contributions.
13. Reduction in employer PRSI relief on employee pension contributions.
14. Self-employment contributions — increase in rate.
PART 3
Repeal of Health Contributions Act 1979
15. Repeal of Health Contributions Act 1979 and consequential amendment.
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.
	(2) The Social Welfare Acts and this Act (other than subsections (1) to (3) of section 15 ) shall be read together as one.
	(3) Sections 7 , 8 , 9 and 10 shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
	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.
	(2) This section comes into operation—
	(a) in so far as it relates to jobseeker’s benefit, on 30 December 2010,
	(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 3 January 2011,
	(c) in so far as it relates to carer’s benefit, State pension (transition), invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1) of the Principal Act, on 6 January 2011, and
	(d) in so far as it relates to disablement pension, death benefit under section 81, 82 or 83 of the Principal Act, State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension and guardian’s payment (contributory), on 7 January 2011.
	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.
	(2) This section comes into operation—
	(a) in so far as it relates to jobseeker’s allowance, pre-retirement allowance and farm assist, on 29 December 2010,
	(b) in so far as it relates to supplementary welfare allowance, on 3 January 2011,
	(c) in so far as it relates to disability allowance, on 5 January 2011,
	(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer’s allowance and a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178(1) of the Principal Act, on 6 January 2011, and
	(e) in so far as it relates to State pension (non-contributory), blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and guardian’s payment (non-contributory), on 7 January 2011.
	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.”.
	(2) Schedule 4 to the Principal Act is amended by substituting the following Part for Part 4 (inserted by section 7 of the Act of 2009):
	“PART 4
	Amounts of Child Benefit
Child in respect of whom child benefit is payable Monthly rate of child benefit payable per child (1) (2) € 1. Each of the first 2 qualified children 140.00 2. Third qualified child 167.00 3. Each qualified child in excess of 3 qualified children 177.00
	”.
	(3) This section comes into operation on 1 January 2011.
	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.
	(2) (a) For the purposes of this section, a person may be treated as being incapable of work, and likely to remain permanently incapable of work, notwithstanding that the loss of faculty is not such as to prevent the person being capable of work, where it is likely to restrict him or her to earning not more than the amount that may be prescribed.
	(b) In paragraph (a) the reference to ‘earning’ includes a reference to receiving any remuneration or profit derived from gainful occupation.
	(3) An increase of pension under this section (in this Chapter referred to as ‘an incapacity supplement’) shall be payable for the period that may be determined at the time it is granted, but may be renewed from time to time.”, and
	(c) by inserting the following new section after section 77:
	“Increase in disablement pension for qualified adult, qualified children etc.
	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.
	(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 of the beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the beneficiary is not a qualified adult and subsection (1)(b) shall be read and have effect accordingly.
	(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 of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds any amount that may be prescribed.”.
	(2) This section comes into operation on 7 January 2011.
	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...