SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

JurisdictionIreland
CitationIR No. 20/2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Registration Acts 2004 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Children and Family Relationships Act 2015 (9/2015) (9/2015), s. 1(2)). The Acts in this group are:

Civil Registration (Amendment) Act 2005 (19/2005)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25

Civil Registration (Amendment) Act 2012 (48/2012)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3

Civil Registration (Amendment) Act 2014 (34/2014) (34/2014)

Children and Family Relationships Act 2015 (9/2015), Part 9

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1990, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Financial Services and Pensions Ombudsman Act 2017 (22/2017)

All Acts up to and including Finance Act 2017 (41/2018), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Sections 22(b), 26, 27, 28, 29 and 34) (Commencement) Order 2014 (S.I. No. 103 of 2014)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 3) (Commencement) Order 2013 (S.I. No. 404 of 2013)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013 (S.I. No. 369 of 2013)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 8) (Commencement) Order 2013 (S.I. No. 339 of 2013)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 20 of 2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018



Acts Referred to

Civil Registration Act 2004 (No. 3)

Civil Registration Acts 2004 to 2012

Companies Act 1963 (No. 33)

Companies Acts

Education Act 1998 (No. 51)

Education and Training Boards Act 2013 (No. 11)

Finance (Local Property Tax) Act 2012 (No. 52)

Fire Services Act 1981 (No. 30)

Housing (Miscellaneous Provisions) Act 2009 (No. 22)

Housing Acts 1966 to 2009

Income Tax Acts

Industrial Training Act 1967 (No. 5)

Interpretation Act 2005 (No. 23)

Pensions Act 1990 (No. 25)

Pensions Acts 1990 to 2012

Social Welfare (Miscellaneous Provisions) Act 2008 (No. 22)

Social Welfare Act 2010 (No. 34)

Social Welfare Act 2011 (No. 37)

Social Welfare Act 2012 (No. 43)

Social Welfare Acts

Social Welfare and Pensions Act 2007 (No. 8)

Social Welfare and Pensions Act 2009 (No. 10)

Social Welfare and Pensions Act 2010 (No. 37)

Social Welfare and Pensions Act 2011 (No. 9)

Social Welfare and Pensions Act 2012 (No. 12)

Social Welfare Consolidation Act 2005 (No. 26)

Tax Acts

Taxes Consolidation Act 1997 (No. 39)


Number 20 of 2013


Number 20 of 2013


SOCIAL WELFARE AND PENSIONS (MISCELLANEOUS PROVISIONS) ACT 2013

REVISED

Updated to 1 January 2018


An Act to amend and extend the Social Welfare Acts, the Civil Registration Act 2004, the Pensions Act 1990 and to provide for related matters. [28th June, 2013]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1.

Short title, construction, collective citations and commencement

1. (1) This Act may be cited as the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013.

(2) The Social Welfare Acts and Parts 1 and 2 shall be read together as one.

(3) The Civil Registration Acts 2004 to 2012 and Part 3 shall be read together as one and may be cited together as the Civil Registration Acts 2004 to 2013.

(4) The Pensions Acts 1990 to 2012 and Part 4 shall be read together as one and may be cited together as the Pensions Acts 1990 to 2013.

(5) Sections 3, 8, 15, 22(b), 26, 27, 28, 29, and 34 shall come into operation on such day or days as the Minister for Social Protection 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.

Annotations

Editorial Notes:

E1

Power pursuant to subsec. (5) exercised (3.03.2014) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Sections 22(b), 26, 27, 28, 29 and 34) (Commencement) Order 2014 (S.I. No. 103 of 2014).

E2

Power pursuant to subsec. (5) exercised (25.10.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 3) (Commencement) Order 2013 (S.I. No. 404 of 2013).

E3

Power pursuant to subsec. (5) exercised (26.09.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013 (S.I. No. 369 of 2013).

E4

Power pursuant to subsec. (5) exercised (2.09.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 8) (Commencement) Order 2013 (S.I. No. 339 of 2013).

PART 2

Amendments to Social Welfare Acts

2.

Definitions

2. In this Part—

“Act of 2010” means the Social Welfare and Pensions Act 2010;

“Principal Act” means the Social Welfare Consolidation Act 2005.

3.

Amendments consequent upon dissolution of An Foras Áiseanna Saothair

3. (1) Section 2 of the Principal Act is amended—

(a) in subsection (1)—

(i) by inserting the following definition:

“ ‘approved course of training’ means a course of training provided by or on behalf of—

(a) an education and training board specified in Schedule 2 to the Education and Training Boards Act 2013, or

(b) a body established by or under an enactment that provides for the dissolution of An Foras Áiseanna Saothair and confers on that body functions that are similar to the functions that, immediately before the day on which the body stands established, were vested in An Foras Áiseanna Saothair;”,

(ii) in paragraph (b) of the definition of “reckonable earnings”—

(I) in subparagraph (i) by substituting “Part 44 of that Act,” for “Part 44 of that Act, and”, and

(II) by substituting the following for subparagraph (ii):

“(ii) payments to persons attending approved courses of training, and

(iii) payments to persons attending or engaged in courses or schemes provided or approved by—

(I) Teagasc, or

(II) the National Tourism Development Authority,”,

and

(b) in subsection (2)(a)(v) by substituting “an approved course of training,” for “a non-craft full-time course approved by An Foras Áiseanna Saothair under the Industrial Training Act 1967,”.

(2) Section 62(8)(a) of the Principal Act is amended by substituting the following for subparagraph (v):

“(v) attendance at an approved course of training,”.

(3) Section 141(6) of the Principal Act is amended by substituting the following for paragraph (e):

“(e) attendance at an approved course of training,”.

(4) Reference No. 13 of Table 2 of Schedule 3 to the Principal Act is amended by substituting “an approved course of training,” for “a course approved by An Foras Áiseanna Saothair under the Industrial Training Act 1967...

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