Social Welfare and Pensions Act 2007

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 2007.

(2) The Social Welfare Acts and sections 1 to 36 shall be read together as one.

(3) Section 37 and the Pensions Acts 1990 to 2006 may be cited together as the Pensions Acts 1990 to 2007.

(4) Sections 5, 8, 9, 14, 18, 20 to 25, 27, 28 and 34 to 37, 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.

2.. Definitions.

2.— In this Act—

“ Act of 2006 ” means the Social Welfare Law Reform and Pensions Act 2006;

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

PART 2 Amendments to Social Welfare Acts

3.. Amendment to definition of volunteer development worker.

3.— Section 2(1) of the Principal Act is amended by substituting the following for the definition of “volunteer development worker”:

“ ‘ volunteer development worker ’ means a person who is employed temporarily outside the State in a developing country and has secured that employment—

(a) by or through the Department of Foreign Affairs or by or through a non-governmental agency in the State, or

(b) by or through a governmental or non-governmental agency in any Member State other than the State, or

(c) directly with the government of a developing country,

and who is employed by any of those agencies or by the government of the developing country or by both under conditions of remuneration similar to local conditions applying in that country and who was resident in the State immediately before taking up that employment;”.

4.. Child benefit — new rates.

4.— (1) Schedule 4 to the Principal Act is amended by substituting the following for Part 4 (inserted by section 16 of the Act of 2006):

“PART 4

Amounts of Child Benefit

”.

(2) This section comes into operation on 1 April 2007.

5.. Illness benefit — improvements.

5.— The Principal Act is amended—

(a) in section 40(3), by inserting the following after paragraph (e):

“(ea) notwithstanding paragraph (d), in the case of a person who, on or after 1 May 2007, has been in receipt of illness benefit for not less than 624 days in respect of a period of incapacity for work and who, within the same period of interruption of employment, has subsequent periods of incapacity for work, any 2 such subsequent periods of incapacity for work within that period of interruption of employment not separated by a period of more than 26 weeks shall be treated as one period of incapacity for work,”,

(b) in section 41—

(i) by inserting the following after subsection (1)(c)(i):

“(ia) prescribed weekly earnings, in the case of a person who immediately before the week of incapacity for which illness benefit was claimed—

(I) was in receipt of carer’s benefit or carer’s allowance, and

(II) was in receipt of illness benefit immediately before receiving a payment referred to in subparagraph (I),

or”,

and

(ii) in subsection (12), by inserting “made before 1 July in any year” before “where”,

and

(c) in section 46—

(i) by substituting the following for subsection (1)(b):

“(b) the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(i) attending for or submitting to any medical or other examination or treatment;

(ii) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(iii) refraining from behaviour likely to hinder his or her recovery;

(iv) being available to meet with an officer of the Minister regarding his or her claim for illness benefit.”,

and

(ii) by inserting the following after subsection (1):

“(1A) A person shall not be disqualified for receipt of illness benefit while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.”.

6.. Maternity benefit — improvements.

6.— The Principal Act is amended—

(a) in section 47—

(i) in subsection (1)(a), by inserting “or it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined,” after “given,”,

(ii) by substituting the following for subsection (4)(a):

“(a) Subject to this Act and paragraph (b), where a woman, who has been delivered of a living child, dies at any time before the expiry of the twenty-fourth week following the week of her confinement, the father of the child shall be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other than sections 48 and 50(b)) apply in all respects in the case of that man.”,

and

(iii) by substituting the following for subsection (5)(c):

“(c) a man who—

(i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act 1994 or for 6 weeks, whichever is the longer period of time, or

(ii) is in insurable self-employment, for a period beginning on the day after the day on which the death of the mother occurs—

(I) where the mother dies before the expiry of the twenty-fourth week following the week of her confinement, to the end of the twenty-fourth week following the week of her confinement, or for 6 weeks, whichever is the longer period of time, or

(II) where the mother dies after the expiry of the twenty-fourth week but before the expiry of the fortieth week following the week of her confinement, to the end of the fortieth week following the week of her confinement, or for 6 weeks, whichever is the longer period of time,

but if the beneficiary dies, the benefit shall not be payable for any subsequent day.”,

and

(b) by substituting the following section for section 50:

“Disqualifications.

50.— Regulations may provide for disqualifying a woman for receiving maternity benefit where—

(a) during the period for which the benefit is payable, she engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.”.

7.. Adoptive benefit — improvements.

7.— The Principal Act is amended—

(a) in section 58(4)—

(i) by substituting the following for paragraph (a):

“(a) in the case of an employed contributor—

(i) for the period of adoptive leave to which the adopting parent is entitled under section 6 of the Adoptive Leave Act 1995, or

(ii) for the period of adoptive leave to which the adopting parent is entitled under section 9 of the Adoptive Leave Act 1995 or for 6 weeks, whichever is the longer period of time, and the provisions of section 59 shall not apply,”,

and

(ii) by substituting the following for paragraph (b)(ii):

“(ii) an adopting parent within the meaning of subsection (1)(b)(ii), where the adopting mother dies—

(I) before the day of placement, for 24 consecutive weeks beginning on the day of placement, or

(II) on or after the day of placement, for a period of 24 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of her death or for 6 weeks, whichever is the longer period of time, and the provisions of section 59 shall not apply,”,

and

(b) by substituting the following section for section 61:

“Disqualification.

61.— Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit where, during the period for which the benefit is payable, the adopting parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1.”.

8.. Jobseeker’s benefit — improvement.

8.— Section 64 of the Principal Act is amended by inserting the following after subsection (1)(c)(i):

“(ia) prescribed reckonable weekly earnings, in the case of a person who immediately before the week of unemployment for which jobseeker’s benefit was claimed—

(I) was in receipt of carer’s benefit or carer’s allowance and,

(II) was in receipt of jobseeker’s benefit immediately before receiving a payment referred to in subparagraph (I),

or”.

9.. Jobseeker’s allowance, pre-retirement allowance, disability allowance and farm assist — amendments to means provisions.

9.— The Principal Act is amended—

(a) in section 141(2), by substituting the following for paragraph (d):

“(d) Subject to paragraph (e), where the spouse of a claimant for jobseeker’s allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.

(e) Notwithstanding paragraph (d), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of jobseeker’s allowance in respect of any day of unemployment and the spouse of the claimant for jobseeker’s allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with paragraph (d), whichever is the more favourable.

(f) Where the means of a claimant are calculated at any time in accordance with paragraph (e) and are subsequently calculated in accordance with paragraph (d), paragraph (e) shall no longer apply to the claimant.

(g) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with paragraph (e) ceases to be entitled to or in receipt of jobseeker’s allowance, paragraph (d) shall apply to any subsequent claims.”,

(b) F1[…]

(c) by substituting the following section for section 146:

“Amount of increases payable in respect of qualified child in certain cases.

146.— Any increase of jobseeker’s allowance payable under section 142(1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouse referred to in section 141(2)(d),

and section 142(1) shall be read and have effect accordingly.”,

(d) in section 149, by substituting the following for subsection (4):

“(4) Subject to subsection (4A), where the spouse of a claimant for pre-retirement allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.

(4A) Notwithstanding subsection (4), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of pre-retirement allowance in respect of any day of retirement and the spouse of the claimant for pre-retirement allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (4), whichever is the more favourable.

(4B) Where the means of a claimant are calculated at any time in accordance with subsection (4A) and are subsequently calculated in accordance with subsection (4), subsection (4A) shall no longer apply to the claimant.

(4C) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (4A) ceases to be entitled to or in receipt of pre-retirement allowance, subsection (4) shall apply to any subsequent claims.”,

(e) in section 150—

(i) F1[…]

(ii) by substituting the following for subsection (3):

“(3) Any increase of pre-retirement allowance payable under subsection (1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouse referred to in section 149(4),

and subsection (1)(b) shall be read and have effect accordingly.”,

(f) in section 210, by substituting the following for subsection (2):

“(2) Subject to subsection (2A), where the spouse of a claimant for disability allowance is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.

(2A) Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of disability allowance and the spouse of the claimant for disability allowance is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.

(2B) Where the means of a claimant are calculated at any time in accordance with subsection (2A) and are subsequently calculated in accordance with subsection (2), subsection (2A) shall no longer apply to the claimant.

(2C) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (2A) ceases to be entitled to or in receipt of disability allowance, subsection (2) shall apply to any subsequent claims.”,

(g) in section 211—

(i) F1[…]

(ii) by substituting the following for subsection (3):

“(3) Any increase of disability allowance payable under subsection (1)(b) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouse referred to in section 210(2),

and subsection (1)(b) shall be read and have effect accordingly.”,

(h) in section 214, by substituting the following for subsection (2):

“(2) Subject to subsection (3), where the spouse of a claimant for farm assist is a spouse referred to in any of subparagraphs (iii) to (vii) of section 2(2)(a), the means of the claimant shall be taken to be one-half the means.

(3) Notwithstanding subsection (2), where, in the 4 weeks immediately before the commencement of section 9 of the Social Welfare and Pensions Act 2007 a person was entitled to or in receipt of farm assist and the spouse of the claimant for farm assist is not the claimant’s qualified adult, or is a spouse in respect of whom an increase is payable by virtue of regulations made under section 297, the means of the claimant shall be taken to be one-half the means or the means calculated in accordance with subsection (2), whichever is the more favourable.

(4) Where the means of a claimant are calculated at any time in accordance with subsection (3) and are subsequently calculated in accordance with subsection (2), subsection (3) shall no longer apply to the claimant.

(5) Where for any period of not less than 4 consecutive weeks after the commencement of section 9 of the Social Welfare and Pensions Act 2007, a claimant whose means were calculated in accordance with subsection (3) ceases to be entitled to or in receipt of farm assist, subsection (2) shall apply to any subsequent claims.”,

(i) F1[…]

(j) by substituting the following section for section 216:

“Amount of increases payable in respect of qualified child in certain cases.

216.— Any increase of farm assist payable under section 215(1) in respect of a qualified child who normally resides with the claimant or beneficiary and with the spouse of the claimant or beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse of the claimant or beneficiary—

(a) is not a qualified adult, or

(b) is a spouse referred to in section 214(2),

and section 215(1) shall be read and have effect accordingly.”.

10.. Cost of medical care — amendments.

10.— The Principal Act is amended—

(a) in section 39(1), by substituting the following for paragraph (f):

“(f) occupational injuries benefit comprising injury benefit, disablement benefit and death benefit,”,

(b) in section 86—

(i) by deleting subsection (5), and

(ii) in subsection (6), by substituting “Where a person makes a claim for the cost of medical care under this section” for “Where notice is given under subsection (5)”,

(c) in section 240, in the definition of “benefit”, by inserting the following after paragraph (a):

“(aa) the cost of medical care under section 86,”,

and

(d) in section 241(2), by inserting the following after paragraph (a):