Social welfare and pensions (no. 2) act 2009

• Enactment Date: 21 December 2009
• Act Number: 43

Number 43 of 2009
SOCIAL WELFARE AND PENSIONS (NO. 2) ACT 2009
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, construction, collective citations and commencement.
2. Definitions.
PART 2
Amendments to Social Welfare Acts
3. Social insurance benefits (new rates).
4. Social assistance payments (new rates).
5. Family Income Supplement (new weekly rates).
6. Jobseeker’s allowance — amendments.
7. Child benefit (new rates).
8. Limitation on return of contributions.
9. Amendment to section 110 of Principal Act.
10. Amendment to section 128 of Principal Act.
11. Amendment to section 138 of Principal Act.
12. Supplementary welfare allowance — amendments.
13. Amendment to section 197 of Principal Act.
14. Weekly or monthly supplements — amendment.
15. Amendment to section 246 of Principal Act.
16. Social welfare inspectors — amendment.
17. Information to be furnished by financial institutions.
18. Exchange of information — amendment.
19. Schedule 3 — amendment.
20. Schedule 5 — amendment.
PART 3
Amendment to Act of 1990
21. Amendment to Act of 1990.
SCHEDULE 1
SCHEDULE 2
Acts Referred to
Central Bank Act 1971 1971, No. 24 Customs Act 1956 1956, No. 7 Finance Act 2009 2009, No. 12 Health Act 2004 2004, No. 42 Housing Act 1988 1988, No. 28 Housing Acts 1963 to 2009 Immigration Act 1999 1999, No. 22 Immigration Act 2004 2004, No. 1 Irish Nationality and Citizenship Acts 1956 to 2004 Pensions (Amendment) Act 2002 2002, No. 18 Pensions Act 1990 1990, No. 25 Pensions Acts 1990 to 2009 Refugee Act 1996 1996, No. 17 Social Welfare (Miscellaneous Provisions) Act 2008 2008, No. 22 Social Welfare and Pensions Act 2007 2007, No. 8 Social Welfare and Pensions Act 2008 2008, No. 2 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 43 of 2009
SOCIAL WELFARE AND PENSIONS (NO. 2) ACT 2009
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND TO AMEND THE PENSIONS ACT 1990.
[21st December, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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 (No. 2) Act 2009.
	(2) The Social Welfare Acts and this Act, other than Part 3 , shall be read together as one.
	(3) The Pensions Acts 1990 to 2009 and Part 3 may be cited together as the Pensions Acts 1990 to 2009.
	(4) Part 3 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 different provisions.
	Definitions.	2.— In this Act—
	“Act of 1990” means the Pensions Act 1990 ;
	“Act of 2007” means the Social Welfare and Pensions Act 2007 ;
	“Act of 2008” means the Social Welfare (Miscellaneous Provisions) Act 2008 ;
	“Act of 2009” means the Social Welfare and Pensions Act 2009 ;
	“Minister” means the Minister for Social and Family Affairs;
	“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 (as amended by section 3(1) of the Act of 2008) 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 31 December 2009,
	(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 4 January 2010,
	(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 of the Principal Act, on 7 January 2010, 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 8 January 2010.
	Social assistance payments (new rates).	4.— (1) Schedule 4 to the Principal Act (as amended by section 11 of the Act of 2009) is amended by substituting the Parts set out in Schedule 2 for Parts 1 and 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 30 December 2009,
	(b) in so far as it relates to supplementary welfare allowance, on 4 January 2010,
	(c) in so far as it relates to disability allowance, on 6 January 2010,
	(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 of the Principal Act, on 7 January 2010, 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 8 January 2010.
	Family Income Supplement (new weekly rates).	5.— (1) The following section is substituted for section 228 (as amended by section 5(1) of the Act of 2008) of the Principal Act:
	“228.— Subject to this Act, an allowance (in this Act referred to as ‘family income supplement’) 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, €506,
	(b) in the case of a family which includes 2 children, €602,
	(c) in the case of a family which includes 3 children, €703,
	(d) in the case of a family which includes 4 children, €824,
	(e) in the case of a family which includes 5 children, €950,
	(f) in the case of a family which includes 6 children, €1,066,
	(g) in the case of a family which includes 7 children, €1,102, or
	(h) in the case of a family which includes 8 or more children, €1,298.”.
	(2) This section comes into operation on 1 January 2010.
	Jobseeker’s allowance — amendments.	6.— The Principal Act is amended:
	(a) in section 142(1) (as amended by section 6(b) of the Act of 2009) by inserting “142B,” after “142A,”,
	(b) in section 142A (inserted by section 6(c) of the Act of 2009)—
	(i) in subsection (1)(a), by substituting “22” for “20”,
	(ii) by substituting the following paragraph for subsection (4)(a):
	“(a) the period of interruption of employment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom this section applied,”,
	and
	(iii) in subsection (4)(d), by substituting “22” for “20”,
	and
	(c) by inserting the following section after section 142A:
	“Rates of assistance — ages 22 to 24 years.
	142B.— (1) Notwithstanding section 142(1), in the case of a person who—
	(a) has attained the age of 22 years and has not attained the age of 25 years,
	(b) is not a person referred to in section 142(1)(a)(ii) (as amended by section 20 of the Social Welfare and Pensions Act 2007 ), and
	(c) is not entitled to an increase in respect of a qualified child,
	the scheduled rate of jobseeker’s allowance shall be the weekly rate set out in column (2) at reference 1(d) in Part 1 of Schedule 4, (inserted by section 4 of the Social Welfare and Pensions (No. 2) Act 2009) increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.
	(2) (a) In the case of a person referred to in subsection (1), and subject to paragraph (b), jobseeker’s allowance shall be payable where the weekly means of the claimant or beneficiary—
	(i) are less than €1, at the scheduled rate,
	(ii) are equal to €1, at the scheduled rate reduced by €1, and
	(iii) exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.
	(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker’s allowance shall be payable.
	(3) This section shall not apply in the case of a claim for jobseeker’s allowance where—
	(a) the period of interruption of employment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom section 142A applied,
	(b) a claimant has exhausted, immediately prior to applying for an allowance under this section, his or her entitlement to benefit payable pursuant to section 67,
	(c) a claimant was in receipt of disability allowance immediately before he or she makes the claim under this section, or
	(d) a claimant is participating in the work placement programme.
	(4) In subsection (3), ‘ work placement programme ’ means the programme commonly known by that name and administered by An Foras Áiseanna Saothair.”.
	Child benefit (new rates).	7.— (1) Schedule 4 to the Principal Act is amended by substituting the following...