Social Welfare and Pensions Act, 2008

JurisdictionIreland
CitationIR No. 2/2008
Year2008


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January 2023


This Revised Act is an administrative consolidation of the Social Welfare and Pensions Act 2008. 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 the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2021, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January 2023


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

Pensions Acts 1990 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 1(3)). The Acts in this group are:

Pensions Act 1990 (25/1990)

Pensions (Amendment) Act 1996 (18/1996)

Pensions (Amendment) Act 2002 (18/2002)

Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003), s. 24

Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), ss. 22 and 23

Equality Act 2004 (24/2004), Part 4

Social Welfare and Pensions Act 2005 (4/2005), ss. 27-39

Social Welfare Law Reform and Pensions Act 2006 (5/2006), ss. 38-44

Social Welfare and Pensions Act 2007 (8/2007), s. 37

Social Welfare and Pensions Act 2008 (2/2008), ss. 26-29

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 24

Social Welfare And Pensions Act 2009 (10/2009), Part 5

Social Welfare And Pensions (No. 2) Act 2009 (43/2009), Part 3

Social Welfare and Pensions Act 2010 (37/2010), Part 5

Social Welfare and Pensions Act 2011 (9/2011), Part 4

Social Welfare and Pensions Act 2012 (12/2012), Part 3

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 4

Social Welfare and Pensions Act 2013 (38/2013), Part 4

Social Welfare and Pensions (No. 2) Act 2013 (49/2013), Part 3

Social Welfare and Pensions Act 2014 (16/2014), Part 3

Social Welfare and Pensions (No. 2) Act 2014 (41/2014), s. 4

Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 2

Social Welfare and Pensions Act 2015 (47/2015), Part 3

Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), Part 3

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 1972, 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

Social Welfare Act 2017 (38/2017)

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

Social Welfare and Pensions Act 2015 (47/2015)

Social Welfare and Pensions Act 2014 (16/2014)

Social Welfare and Pensions Act 2011 (9/2011)

Social Welfare and Pensions Act 2010 (37/2010)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)

All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Social Welfare and Pensions Act 2008 (Sections 18(2), 18(3) and 18(4)) (Commencement) Order 2011 (S.I. No. 496 of 2011)

Social Welfare and Pensions Act 2008 (Section 16(c)) (Commencement) Order 2010 (S.I. No. 246 of 2010)

Social Welfare and Pensions Act 2008 (Section 28) (Commencement) Order 2009 (S.I. No. 506 of 2009)

Social Welfare and Pensions Act 2008 (Section 17) (Commencement) Order 2009 (S.I. No. 347 of 2009)

Social Welfare and Pensions Act 2008 (Sections 15 and 16) (Commencement) Order 2009 (S.I. No. 143 of 2009)

Social Welfare and Pensions Act 2008 (Section 27) (Commencement) (No. 2) Order 2008 (S.I. No. 398 of 2008)

Social Welfare and Pensions Act 2008 (Section 27) (Commencement) Order 2008 (S.I. No. 277 of 2008)

Social Welfare and Pensions Act 2008 (Sections 26, 29, 30 and 31) (Commencement) Order 2008 (S.I. No. 84 of 2008)

All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January 2023



Acts Referred to

Blind Persons Act 1920

10 & 11 Geo. 5, c. 49

Children Act 2001

2001, No. 24

Companies Act 1990

1990, No. 33

Criminal Law (Insanity) Act 2006

2006, No. 11

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health Contributions Act 1979

1979, No. 4

Lunacy (Ireland) Act 1821

1 & 2 Geo. 4, c. 33

Mental Health Act 2001

2001, No. 25

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2006

Social Welfare Acts

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5

Taxes Consolidation Act 1997

1997, No. 39

Trial of Lunatics Act 1883

46 & 47 Vic., c. 38


Number 2 of 2008


SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January 2023


AN ACT TO AMEND THE SOCIAL WELFARE ACTS AND THE PENSIONS ACT 1990 AND TO MAKE RELATED AMENDMENTS OF THE FAMILY LAW ACT 1995 AND THE FAMILY LAW (DIVORCE) ACT 1996.

[7th March, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

1.

Short title, construction, collective citation and commencement.

1.— (1) This Act may be cited as the Social Welfare and Pensions Act 2008.

(2) The Social Welfare Acts and sections 2 to 25 shall be read together as one.

(3) Sections 26 to 29 and the Pensions Acts 1990 to 2007 may be cited together as the Pensions Acts 1990 to 2008.

(4) Subject to subsections (5) and (6), this Act shall come into operation on its passing.

(5) Sections 3, 8, 9 and 10 shall come into operation, or be taken to have come into operation, on the dates respectively specified in those sections.

(6) Sections 5, 12 to 17, 18(2) to (4) and 27 to 31 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.

Annotations

Editorial Notes:

E1

Power pursuant to subsection (6) exercised (27.09.2011) by Social Welfare and Pensions Act 2008 (Sections 18(2), 18(3) and 18(4)) (Commencement) Order 2011 (S.I. No. 496 of 2011), art. 2.

2. The 1st day of October 2011 is appointed as the day on which sections 18 (2), 18(3) and 18(4) of the Social Welfare and Pensions Act 2008 (No. 2 of 2008) come into operation.

E2

Power pursuant to subsection (6) exercised (1.06.2010) by Social Welfare and Pensions Act 2008 (Section 16(c)) (Commencement) Order 2010 (S.I. No. 246 of 2010), art. 2.

2. The 2nd day of June 2010 is appointed as the day on which section 16(c) of the Social Welfare and Pensions Act 2008 (No. 2 of 2008) comes into operation.

E3

Power pursuant to subsection (6) exercised (11.12.2009) by Social Welfare and Pensions Act 2008 (Section 28) (Commencement) Order 2009 (S.I. No. 506 of 2009), art. 2.

2. The first day of February 2010 is appointed as the day on which section 28 of the Social Welfare and Pensions Act 2008 comes into operation.

E4

Power...

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