Social Welfare Act 2004

Type Act
Publication 2004-12-17
Last updated 2005-12-01
State Repealed superseded text
Text As published
PDF Download
articles 9

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2005-12-01, effective-IE-2005-act-26@2005-12-01

Act to amend and extend the Social Welfare Acts and to amendthe Health Contributions Act 1979

Reform history JSON API

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND TO AMEND THE HEALTH CONTRIBUTIONS ACT 1979. [17th December, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.— In this Act—

“Act of 2003” means the Social Welfare Act 2003;

“Principal Act” means the Social Welfare (Consolidation) Act 1993.

2 Social insurance benefits (new rates).

2.— (1) The Second Schedule to the Principal Act is amended by substituting the Parts set out in Schedule A to this Act for Parts I to IV (inserted by section 2(1) of the Act of 2003) of the said Second Schedule.

3 Social assistance payments (new rates).

3.— (1) The Fourth Schedule to the Principal Act is amended by substituting the Parts set out in Schedule B to this Act for Parts I, II, IIA, IIB and IIC (inserted by section 3(1) of the Act of 2003) of the said Fourth Schedule.

4 Family income supplement (new weekly rates).

4.—(1) The Principal Act is amended by substituting the following for section 198 (inserted by section 4(1) of the Act of 2003):

“198. 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, €446,

  • (b) in the case of a family which includes 2 children, €472,

  • (c) in the case of a family which includes 3 children, €497,

  • (d) in the case of a family which includes 4 children, €522,

  • (e) in the case of a family which includes 5 children, €554,

  • (f) in the case of a family which includes 6 children, €580,

  • (g) in the case of a family which includes 7 children, €601, or

  • (h) in the case of a family which includes 8 or more children, €623.”.

5 Employment contributions (amendment to earnings ceiling).

5.—(1) Section 10(1)(c) (as amended by section 5(1) of the Act of 2003) of the Principal Act is amended by substituting “€44,180” for “€42,160”.

6 Optional contributions (amendment to income ceiling).

6.—(1) Section 24B(1)(b) (as amended by section 6(1)(b) of the Act of 2003) of the Principal Act is amended by substituting “€44,180” for “€42,160”.

7 Maternity and adoptive benefit (new rate).

7.—(1) Sections 39(1)(a) and 41I(1)(a) (inserted by section 11 of the Social Welfare Act 1997) of the Principal Act are amended by substituting “75 per cent” for “70 per cent”.

8 Amendment to Health Contributions Act 1979.

8.—(1) The Health Contributions Act 1979 is amended in section 7A (as amended by section 39 of the Social Welfare Act 2001):

9 Short title and construction.

9.—(1) This Act may be cited as the Social Welfare Act 2004.

SCHEDULE A

“PART I

Rates of Periodical Benefits and Increases Thereof

Description of benefit Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person is living alone (where payable) Increase where the person has attained the age of 80 years (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)
(1) (2) (3) (4) (5) (6) (7) (8)
€ € € € € € €
1. Disability Benefit, Unemployment Benefit, Injury Benefit and Health and Safety Benefit 148.80 98.70 16.80 — — — —
2. Death Benefit:
(a) pension payable to a widow or widower (section 60) 177.60 — 21.60 103.10 7.70 2.00 12.70
additional increase for a widow or widower (under section 60) who has attained pensionable age 6.10 — — — — — —
(b) pension payable to a parent:
(i) reduced rate 85.90 — — 103.10 7.70 — —
(ii) maximum rate 177.60 — — 103.10 7.70 — —
(c) pension payable to an orphan 124.30 — — — — — —
3. Old Age (Contributory) Pension and Retirement Pension: 179.30 119.50 19.30 103.10 7.70 6.40 12.70
additional increase for a qualified adult who has attained pensionable age — 19.00 — — — — —
4. Invalidity Pension: 154.30 110.10 19.30 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained the age of 65 years 25.00 — — — — — —
additional increase where qualified adult has attained pensionable age — 28.40 — — — —
5. Widow's and Widower's (Contributory) Pension and a relevant payment by virtue of section 18(1)(a) of the Social Welfare Act 1996: 154.30 — 21.60 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 25.00 — — — — — —
6. Orphan's (Contributory) Allowance 121.00 — — — — — —
7. Carer's Benefit:
(a) in the case of a person to whom section 82D(1)(b) applies 163.70 — 16.80 — — — —
(b) in the case of a person to whom section 82D(1)(a) applies 245.60 — 16.80 — — — —

Occupational Injuries Benefits — Gratuities and Grant

Description of Grant Amount
(1) (2)
€
1. Disablement Benefit: Maximum gratuity 12,590
2. Death Benefit 635

PART III

Disablement Pension

Degree of disablement Weekly rate
(1) (2)
€
100 per cent 179.90
90 per cent 161.90
80 per cent 143.90
70 per cent 125.90
60 per cent 107.90
50 per cent 90.00
40 per cent 72.00
30 per cent 54.00
20 per cent 36.00

PART IV

Increases of Disablement Pension

Description of Increase Weekly Rate Increase where the person is living alone Increase where the person is ordinarily resident on an island off the coast of Ireland where payable)
(1) (2) (3) (4)
€ € €
1. Increase where the person is permanently incapable of work 148.80 7.70 12.70
2. Increase where the person requires constant attendance 163.70 — —

”.

SCHEDULE B

“PART I

Rates of Periodical Social Assistance and Increases Thereof

Description of assistance Weekly rate Increase for qualified adult (where payable) Increase for each qualified child (where payable) Increase for prescribed relative under section 167 (where payable) Increase where the person is living alone (where payable) Increase where the person has attained the age of 80 years (where payable) Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable)
(1) (2) (3) (4) (5) (6) (7) (8)
€ € € € € € €
1. Unemployment Assistance:
(a) in the case of a person to whom section 121(1)(a) applies 148.80 98.70 16.80 — — — —
(b) in the case of a person to whom section 121(1)(b) applies 148.80 98.70 16.80 — — — —
2. Pre-Retirement Allowance 148.80 98.70 16.80 — — — —
3. Disability Allowance 148.80 98.70 16.80 — 7.70 — 12.70
4. Old Age (Non-Contributory) Pension 166.00 — 16.80 103.10 7.70 6.40 12.70
5. Blind Pension: 148.80 — 16.80 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20 — — — — — —
6. Widow's (Non-Contributory) Pension, Widower's (Non-Contributory) Pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Social Welfare Act 1996 … 148.80 — — 103.10 7.70 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20 — — — — — —
7. One-Parent Family Payment: 148.80 — 19.30 — — 6.40 12.70
additional increase for a beneficiary who has attained pensionable age 17.20 — — — — —
8. Carer's Allowance:
(a) in the case of a person to whom section 165(1)(a) applies 230.40 — 16.80 — — — 12.70
additional increase for a beneficiary who has attained pensionable age 24.30 — — — — — —
(b) in the case of a person to whom section 165(1)(b) applies 153.60 — 16.80 — — 12.70 —
additional increase for a beneficiary who has attained pensionable age 16.20 — — — — — —
9. Orphan's (Non-Contributory) Pension 121.00 — — — — — —
10. Supplementary Welfare Allowance 148.80 98.70 16.80 — — — —
11. Farm Assist 148.80 98.70 16.80 — — — —

Increase of Old Age (Non-Contributory) Pension for One of a Couple and Increase in Blind Pension for One of a Couple Where Both Beneficiary and Spouse Have Attained Pensionable Age

Means of claimant or pensioner Weekly rate of increase
€
Where the weekly means of the claimant or pensioner do not exceed €7.60 109.70
exceed €7.60 but do not exceed €10.10 108.00
exceed €10.10 but do not exceed €12.60 106.40
exceed €12.60 but do not exceed €15.10 104.70
exceed €15.10 but do not exceed €17.60 103.10
exceed €17.60 but do not exceed €20.10 101.40
exceed €20.10 but do not exceed €22.60 99.80
exceed €22.60 but do not exceed €25.10 98.10
exceed €25.10 but do not exceed €27.60 96.50
exceed €27.60 but do not exceed €30.10 94.80
exceed €30.10 but do not exceed €32.60 93.20
exceed €32.60 but do not exceed €35.10 91.50
exceed €35.10 but do not exceed €37.60 89.90
exceed €37.60 but do not exceed €40.10 88.20
exceed €40.10 but do not exceed €42.60 86.60
exceed €42.60 but do not exceed €45.10 84.90
exceed €45.10 but do not exceed €47.60 83.30
exceed €47.60 but do not exceed €50.10 81.60
exceed €50.10 but do not exceed €52.60 80.00
exceed €52.60 but do not exceed €55.10 78.30
exceed €55.10 but do not exceed €57.60 76.70
exceed €57.60 but do not exceed €60.10 75.00
exceed €60.10 but do not exceed €2.60 73.40
exceed €62.60 but do not exceed €65.10 71.70
exceed €65.10 but do not exceed €67.60 70.00
exceed €67.60 but do not exceed €70.10 68.40
exceed €70.10 but do not exceed €72.60 66.70
exceed €72.60 but do not exceed €75.10 65.10
exceed €75.10 but do not exceed €77.60 63.40
exceed €77.60 but do not exceed €80.10 61.80
exceed €80.10 but do not exceed €82.60 60.10
exceed €82.60 but do not exceed €85.10 58.50
exceed €85.10 but do not exceed €87.60 56.80
exceed €87.60 but do not exceed €90.10 55.20
exceed €90.10 but do not exceed €92.60 53.50
exceed €92.60 but do not exceed €95.10 51.90
exceed €95.10 but do not exceed €97.60 50.20
exceed €97.60 but do not exceed €100.10 48.60
exceed €100.10 but do not exceed €102.60 46.90
exceed €102.60 but do not exceed €105.10 45.30
exceed €105.10 but do not exceed €107.60 43.60
exceed €107.60 but do not exceed €110.10 42.00
exceed €110.10 but do not exceed €112.60 40.30
exceed €112.60 but do not exceed €115.10 38.70
exceed €115.10 but do not exceed €117.60 37.00
exceed €117.60 but do not exceed €120.10 35.40
exceed €120.10 but do not exceed €122.60 33.70
exceed €122.60 but do not exceed €125.10 32.10
exceed €125.10 but do not exceed €127.60 30.40
exceed €127.60 but do not exceed €130.10 28.70
exceed €130.10 but do not exceed €132.60 27.10
exceed €132.60 but do not exceed €135.10 25.40
exceed €135.10 but do not exceed €137.60 23.80
exceed €137.60 but do not exceed €140.10 22.10
exceed €140.10 but do not exceed €142.60 20.50
exceed €142.60 but do not exceed €145.10 18.80
exceed €145.10 but do not exceed €147.60 17.20
exceed €147.60 but do not exceed €150.10 15.50
exceed €150.10 but do not exceed €152.60 13.90
exceed €152.60 but do not exceed €155.10 12.20
exceed €155.10 but do not exceed €157.60 10.60
exceed €157.60 but do not exceed €160.10 8.90
exceed €160.10 but do not exceed €162.60 7.30
exceed €162.60 but do not exceed €165.10 5.60
exceed €165.10 but do not exceed €167.60 4.00
exceed €167.60 but do not exceed €170.10 2.30
exceed €170.10 Nil

Increase of Blind Pension For One Of A Couple Where Both Beneficiary And Spouse Have Not Attained Pensionable Age

Means of claimant or pensioner Weekly rate of increase
€
Where the weekly means of the claimant or pensioner do not exceed €7.60 98.70
exceed €7.60 but do not exceed €10.10 97.00
exceed €10.10 but do not exceed €12.60 95.40
exceed €12.60 but do not exceed €15.10 93.70
exceed €15.10 but do not exceed €17.60 92.10
exceed €17.60 but do not exceed €20.10 90.40
exceed €20.10 but do not exceed €22.60 88.80
exceed €22.60 but do not exceed €25.10 87.10
exceed €25.10 but do not exceed €27.60 85.40
exceed €27.60 but do not exceed €30.10 83.80
exceed €30.10 but do not exceed €32.60 82.10
exceed €32.60 but do not exceed €35.10 80.50
exceed €35.10 but do not exceed €37.60 78.80
exceed €37.60 but do not exceed €40.10 77.10
exceed €40.10 but do not exceed €42.60 75.50
exceed €42.60 but do not exceed €45.10 73.80
exceed €45.10 but do not exceed €47.60 72.20
exceed €47.60 but do not exceed €50.10 70.50
exceed €50.10 but do not exceed €52.60 68.90
exceed €52.60 but do not exceed €55.10 67.20
exceed €55.10 but do not exceed €57.60 65.50
exceed €57.60 but do not exceed €60.10 63.90
exceed €60.10 but do not exceed €62.60 62.20
exceed €62.60 but do not exceed €65.10 60.60
exceed €65.10 but do not exceed €67.60 58.90
exceed €67.60 but do not exceed €70.10 57.20
exceed €70.10 but do not exceed €72.60 55.60
exceed €72.60 but do not exceed €75.10 53.90
exceed €75.10 but do not exceed €77.60 52.30
exceed €77.60 but do not exceed €80.10 50.60
exceed €80.10 but do not exceed €82.60 49.00
exceed €82.60 but do not exceed €85.10 47.30
exceed €85.10 but do not exceed €87.60 45.60
exceed €87.60 but do not exceed €90.10 44.00
exceed €90.10 but do not exceed €92.60 42.30
exceed €92.60 but do not exceed €95.10 40.70
exceed €95.10 but do not exceed €97.60 39.00
exceed €97.60 but do not exceed €100.10 37.30
exceed €100.10 but do not exceed €102.60 35.70
exceed €102.60 but do not exceed €105.10 34.00
exceed €105.10 but do not exceed €107.60 32.40
exceed €107.60 but do not exceed €110.10 30.70
exceed €110.10 but do not exceed €112.60 29.10
exceed €112.60 but do not exceed €115.10 27.40
exceed €115.10 but do not exceed €117.60 25.70
exceed €117.60 but do not exceed €120.10 24.10
exceed €120.10 but do not exceed €122.60 22.40
exceed €122.60 but do not exceed €125.10 20.80
exceed €125.10 but do not exceed €127.60 19.10
exceed €127.60 but do not exceed €130.10 17.40
exceed €130.10 but do not exceed €132.60 15.80
exceed €132.60 but do not exceed €135.10 14.10
exceed €135.10 but do not exceed €137.60 12.50
exceed €137.60 but do not exceed €140.10 10.80
exceed €140.10 but do not exceed €142.60 9.20
exceed €142.60 but do not exceed €145.10 7.50
exceed €145.10 but do not exceed €147.60 5.80
exceed €147.60 but do not exceed €150.10 4.20
exceed €150.10 but do not exceed €152.60 2.50
exceed €152.60 Nil

Increase Of Blind Pension For One Of A Couple Where Beneficiary Has Not Attained Pensionable Age And Spouse Has Attained Pensionable Age

Means of claimant or pensioner Weekly rate of increase
€
Where the weekly means of the claimant or pensioner do not exceed €7.60 109.70
exceed €7.60 but do not exceed €10.10 107.90
exceed €10.10 but do not exceed €12.60 106.00
exceed €12.60 but do not exceed €15.10 104.20
exceed €15.10 but do not exceed €17.60 102.30
exceed €17.60 but do not exceed €20.10 100.50
exceed €20.10 but do not exceed €22.60 98.60
exceed €22.60 but do not exceed €25.10 96.80
exceed €25.10 but do not exceed €27.60 95.00
exceed €27.60 but do not exceed €30.10 93.10
exceed €30.10 but do not exceed €32.60 91.30
exceed €32.60 but do not exceed €35.10 89.40
exceed €35.10 but do not exceed €37.60 87.60
exceed €37.60 but do not exceed €40.10 85.70
exceed €40.10 but do not exceed €42.60 83.90
exceed €42.60 but do not exceed €45.10 82.10
exceed €45.10 but do not exceed €47.60 80.20
exceed €47.60 but do not exceed €50.10 78.40
exceed €50.10 but do not exceed €52.60 76.50
exceed €52.60 but do not exceed €55.10 74.70
exceed €55.10 but do not exceed €57.60 72.80
exceed €57.60 but do not exceed €60.10 71.00
exceed €60.10 but do not exceed €62.60 69.20
exceed €62.60 but do not exceed €65.10 67.30
exceed €65.10 but do not exceed €67.60 65.50
exceed €67.60 but do not exceed €70.10 63.60
exceed €70.10 but do not exceed €72.60 61.80
exceed €72.60 but do not exceed €75.10 59.90
exceed €75.10 but do not exceed €77.60 58.10
exceed €77.60 but do not exceed €80.10 56.30
exceed €80.10 but do not exceed €82.60 54.40
exceed €82.60 but do not exceed €85.10 52.60
exceed €85.10 but do not exceed €87.60 50.70
exceed €87.60 but do not exceed €90.10 48.90
exceed €90.10 but do not exceed €92.60 47.00
exceed €92.60 but do not exceed €95.10 45.20
exceed €95.10 but do not exceed €97.60 43.30
exceed €97.60 but do not exceed €100.10 41.50
exceed €100.10 but do not exceed €102.60 39.70
exceed €102.60 but do not exceed €105.10 37.80
exceed €105.10 but do not exceed €107.60 36.00
exceed €107.60 but do not exceed €110.10 34.10
exceed €110.10 but do not exceed €112.60 32.30
exceed €112.60 but do not exceed €115.10 30.40
exceed €115.10 but do not exceed €117.60 28.60
exceed €117.60 but do not exceed €120.10 26.80
exceed €120.10 but do not exceed €122.60 24.90
exceed €122.60 but do not exceed €125.10 23.10
exceed €125.10 but do not exceed €127.60 21.20
exceed €127.60 but do not exceed €130.10 19.40
exceed €130.10 but do not exceed €132.60 17.50
exceed €132.60 but do not exceed €135.10 15.70
exceed €135.10 but do not exceed €137.60 13.90
exceed €137.60 but do not exceed €140.10 12.00
exceed €140.10 but do not exceed €142.60 10.20
exceed €142.60 but do not exceed €145.10 8.30
exceed €145.10 but do not exceed €147.60 6.50
exceed €147.60 but do not exceed €150.10 4.60
exceed €150.10 but do not exceed €152.60 2.80
exceed €152.60 Nil

Increase Of Blind Pension For One Of A Couple Where Beneficiary Has Attained Pensionable Age And Spouse Has Not Attained Pensionable Age

Means of claimant or pensioner Weekly rate of increase
€
Where the weekly means of the claimant or pensioner do not exceed €7.60 98.70
exceed €7.60 but do not exceed €10.10 97.20
exceed €10.10 but do not exceed €12.60 95.70
exceed €12.60 but do not exceed €15.10 94.20
exceed €15.10 but do not exceed €17.60 92.80
exceed €17.60 but do not exceed €20.10 91.30
exceed €20.10 but do not exceed €22.60 89.80
exceed €22.60 but do not exceed €25.10 88.30
exceed €25.10 but do not exceed €27.60 86.80
exceed €27.60 but do not exceed €30.10 85.30
exceed €30.10 but do not exceed €32.60 83.80
exceed €32.60 but do not exceed €35.10 82.30
exceed €35.10 but do not exceed €37.60 80.90
exceed €37.60 but do not exceed €40.10 79.40
exceed €40.10 but do not exceed €42.60 77.90
exceed €42.60 but do not exceed €45.10 76.40
exceed €45.10 but do not exceed €47.60 74.90
exceed €47.60 but do not exceed €50.10 73.40
exceed €50.10 but do not exceed €52.60 71.90
exceed €52.60 but do not exceed €55.10 70.50
exceed €55.10 but do not exceed €57.60 69.00
exceed €57.60 but do not exceed €60.10 67.50
exceed €60.10 but do not exceed €62.60 66.00
exceed €62.60 but do not exceed €65.10 64.50
exceed €65.10 but do not exceed €67.60 63.00
exceed €67.60 but do not exceed €70.10 61.50
exceed €70.10 but do not exceed €72.60 60.10
exceed €72.60 but do not exceed €75.10 58.60
exceed €75.10 but do not exceed €77.60 57.10
exceed €77.60 but do not exceed €80.10 55.60
exceed €80.10 but do not exceed €82.60 54.10
exceed €82.60 but do not exceed €85.10 52.60
exceed €85.10 but do not exceed €87.60 51.10
exceed €87.60 but do not exceed €90.10 49.60
exceed €90.10 but do not exceed €92.60 48.20
exceed €92.60 but do not exceed €95.10 46.70
exceed €95.10 but do not exceed €97.60 45.20
exceed €97.60 but do not exceed €100.10 43.70
exceed €100.10 but do not exceed €102.60 42.20
exceed €102.60 but do not exceed €105.10 40.70
exceed €105.10 but do not exceed €107.60 39.20
exceed €107.60 but do not exceed €110.10 37.80
exceed €110.10 but do not exceed €112.60 36.30
exceed €112.60 but do not exceed €115.10 34.80
exceed €115.10 but do not exceed €117.60 33.30
exceed €117.60 but do not exceed €120.10 31.80
exceed €120.10 but do not exceed €122.60 30.30
exceed €122.60 but do not exceed €125.10 28.80
exceed €125.10 but do not exceed €127.60 27.40
exceed €127.60 but do not exceed €130.10 25.90
exceed €130.10 but do not exceed €132.60 24.40
exceed €132.60 but do not exceed €135.10 22.90
exceed €135.10 but do not exceed €137.60 21.40
exceed €137.60 but do not exceed €140.10 19.90
exceed €140.10 but do not exceed €142.60 18.40
exceed €142.60 but do not exceed €145.10 16.90
exceed €145.10 but do not exceed €147.60 15.50
exceed €147.60 but do not exceed €150.10 14.00
exceed €150.10 but do not exceed €152.60 12.50
exceed €152.60 but do not exceed €155.10 11.00
exceed €155.10 but do not exceed €157.60 9.50
exceed €157.60 but do not exceed €160.10 8.00
exceed €160.10 but do not exceed €162.60 6.50
exceed €162.60 but do not exceed €165.10 5.10
exceed €165.10 but do not exceed €167.60 3.60
exceed €167.60 but do not exceed €170.10 2.10
exceed €170.10 Nil

”.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.