Social Welfare and Pensions Act, 2010

• Jurisdiction: Ireland
• Citation: IR No. 37/2010

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• Act As Enacted
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Number 37 of 2010

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SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 9 January 2023

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This Revised Act is an administrative consolidation of Social Welfare and Pensions Act 2010. It is prepared by the Law Reform Commission in accordance with its function under 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 2022, 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.

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Number 37 of 2010

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SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 9 January 2023

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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

Labour Services Acts 1987 to 2010: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Social Welfare and Pensions Act 2010 (37/2010), s. 1(3)). The Acts in this group are:

• Labour Services (Amendment) Act 2009 (15/1987) (repealed)

• Qualifications (Education and Training) Act 1999 (26/1999), s. 62 and in so far as they relate to that section, s. 1(3)(d) and s. 2 (repealed)

• Labour Services (Amendment) Act 2009 (38/2009)

• Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), Part 3 and s. 34, insofar as it relates to Part 3

• Social Welfare and Pensions Act 2010 (37/2010), ss. 30 and 35

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), ss. 24

• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), ss. 22, 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 (ss. 14-23)

• 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), Parts 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 and Pensions Act 2011 (9/2011)

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 2010 (Section 37) (Transfer Day) Order 2013 (S.I. No. 388 of 2013)

• Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2013 (S.I. No. 130 of 2013)

• Social Welfare and Pensions Act 2010 (Section 33) (Appointment Day) Order 2013 (S.I. No. 129 of 2013)

• Social Welfare and Pensions Act 2010 (Section 4) (Commencement) Order 2012 (S.I. No. 197 of 2012)

• Social Welfare and Pensions Act 2010 (Sections 12 and 13) (Commencement) Order 2012 (S.I. No. 42 of 2012)

• Social Welfare and Pensions Act 2010 (Section 33) (Appointment Day) Order 2011 (S.I. No. 718 of 2011)

• Social Welfare and Pensions Act 2010 (Section 32) (Transfer Day) Order 2011 (S.I. No. 717 of 2011)

• Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (No. 2) Order 2011 (S.I. No. 716 of 2011)

• Social Welfare and Pensions Act 2010 (Sections 29, 30, 34 and 35) (Commencement) Order 2011 (S.I. No. 703 of 2011)

• Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (Amendment) Order 2011 (S.I. No. 639 of 2011)

• Social Welfare and Pensions Act 2010 (Sections 28, 31, 32 and 33) (Commencement) Order 2011 (S.I. No. 572 of 2011)

• Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2011 (S.I. No. 502 of 2011)

• Social Welfare and Pensions Act 2010 (Section 37) (Transfer Day) Order 2011 (S.I. No. 499 of 2011)

• 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 2010 (Section 11(1)) (Commencement) Order 2011 (S.I. No. 495 of 2011)

• Social Welfare and Pensions Act 2010 (Part 4) (Commencement) Order 2011 (S.I. No. 471 of 2011)

• Social Welfare and Pensions Act 2010 (Sections 15 to 26) (Commencement) Order 2010 (S.I. No. 673 of 2010)

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.

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Number 37 of 2010

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SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 9 January 2023

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Acts Referred to

Adoptive Leave Acts 1995 and 2005
Carer’s Leave Act 2001	2001, No. 19
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010	2010, No. 24
Civil Service Regulation Acts 1956 to 2005
Criminal Justice (Theft and Fraud Offences) Act 2001	2001, No. 50
Defence Act 1954	1954, No. 18
Defence (Amendment) Act 2007	2007, No. 24
Ethics in Public Office Acts 1995 and 2001
European Parliament (Irish Constituency Members) Act 2009	2009, No. 17
Finance Act 1970	1970, No. 14
Finance Act 2007	2007, No. 11
Financial Emergency Measures in the Public Interest Act 2009	2009, No. 5
Insurance Act 1989	1989, No. 3
Labour Services Act 1987	1987, No. 15
Labour Services Acts 1987 to 2010
Local Government Act 2001	2001, No. 37
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Acts 1973 to 2005
Organisation of Working Time Act 1997	1997, No. 20
Parental Leave Acts 1998 and 2006
Pensions Act 1990	1990, No. 25
Pensions Acts 1990 to 2009
Protection of Employees (Fixed-Term Work) Act 2003	2003, No. 29
Protection of Employees (Part-Time Work) Act 2001	2001, No. 45
Public Service Management (Recruitment and Appointments) Act 2004	2004, No. 33
Redundancy Payments Acts 1967 to 2007
Safety, Health and Welfare at Work Act 2005	2005, No. 10
Social Welfare (Miscellaneous Provisions) Act 2008	2008, No. 22
Social Welfare (Miscellaneous Provisions) Act 2010	2010, No. 28
Social Welfare and Pensions Act 2007	2007, No. 8
Social Welfare and Pensions Act 2008	2008, No. 2
Social Welfare and Pensions (No. 2) Act 2009	2009, No. 43
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
Terms of Employment...