Social Welfare (Miscellaneous Provisions) Act 2008

PART 1 PRELIMINARY AND GENERAL

1. Short title, construction, collective citations and commencement.

1.— (1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act 2008.

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

(3) The Civil Registration Acts 2004 and 2005 and section 25 may be cited together as the Civil Registration Acts 2004 to 2008.

(4) The Pensions Acts 1990 to 2008 and section 24 may be cited together as the Pensions Acts 1990 to 2008.

(5) The Citizens Information Acts 2000 and 2007 and Part 4 may be cited together as the Citizens Information Acts 2000 to 2008.

(6) Sections 8, 22, 24, 26 to 29 and Part 5 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;

“ Act of 2007 ” means the Social Welfare Act 2007;

“ Act of 2008 ” means the Social Welfare and Pensions Act 2008;

“ Minister ” means the Minister for Social and Family Affairs;

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

PART 2 AMENDMENTS TO SOCIAL WELFARE ACTS

3. Social insurance benefits (new rates).

3.— (1) Schedule 2 to the Principal Act (as amended by section 2(1) of the Act of 2007) is amended by substituting the Parts set out in Schedule 1 for Parts 1 to 4 of the said Schedule 2.

(2) This section comes into operation—

(a) in so far as it relates to jobseeker’s benefit, on 25 December 2008,

(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 29 December 2008,

(c) in so far as it relates to carer’s benefit, State pension (transition), invalidity pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178 of the Principal Act, on 1 January 2009, and

(d) in so far as it relates to disablement pension, death benefit under section 81, 82 or 83 of the Principal Act, State pension (contributory), widow’s (contributory) pension, widower’s (contributory) pension and guardian’s payment (contributory), on 2 January 2009.

4. Social assistance payments (new rates).

4.— (1) Schedule 4 to the Principal Act (as amended by section 3(1) of the Act of 2007) is amended by substituting the Parts set out in Schedule 2 for Parts 1 to 3 of the said Schedule 4.

(2) This section comes into operation—

(a) in so far as it relates to jobseeker’s allowance, pre-retirement allowance and farm assist, on 24 December 2008,

(b) in so far as it relates to supplementary welfare allowance, on 29 December 2008,

(c) in so far as it relates to disability allowance, on 31 December 2008,

(d) in so far as it relates to one-parent family payment (other than where payable in respect of a widow or widower), carer’s allowance and a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178 of the Principal Act, on 1 January 2009, and

(e) in so far as it relates to State pension (non-contributory), blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, one-parent family payment payable in respect of a widow or widower and guardian’s payment (non-contributory), on 2 January 2009.

5. Family income supplement (new weekly rates).

5.— (1) The following section is substituted for section 228 (as amended by section 4(1) of the Act of 2007) of the Principal Act:

“228.— 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, €500,

(b) in the case of a family which includes 2 children, €590,

(c) in the case of a family which includes 3 children, €685,

(d) in the case of a family which includes 4 children, €800,

(e) in the case of a family which includes 5 children, €920,

(f) in the case of a family which includes 6 children, €1,030,

(g) in the case of a family which includes 7 children, €1,160, or

(h) in the case of a family which includes 8 or more children, €1,250.”.

(2) This section comes into operation on 1 January 2009.

6. Employment contributions (amendment to earnings limits and ceiling).

6.— (1) Section 13(2) (as amended by section 5(1) of the Act of 2007) of the Principal Act is amended in paragraph (c) by substituting “€52,000” for “€50,700”.

(2) This section comes into operation on 1 January 2009.

7. Optional contributions (amendment to income ceiling).

7.— (1) Section 29(1)(b) (as amended by section 6(1) of the Act of 2007) of the Principal Act is amended by substituting “€52,000” for “€50,700”.

(2) This section comes into operation on 1 January 2009.

8. Reckonable income — amendment to definition.

8.— Section 2(1) (as amended by section 5 of the Act of 2006) of the Principal Act is amended by substituting the following paragraph for paragraph (a) of the definition of “ reckonable income ”:

“(a) sections 140, 195, 216C, 231, 232 and 233 of the Act of 1997, or”.

9. Children detention school — definition.

9.— The Principal Act is amended—

(a) in section 2(1), by inserting the following definition:

“ ‘children detention school’ means a children detention school within the meaning of the Children Act 2001;”,

(b) in section 2(3), by substituting “children detention school” for “reformatory or an industrial school”, and

(c) in section 134(3), in paragraph (a)(ii) of the definition of “ relevant insured person” by substituting “children detention school” for “reformatory or an industrial school”.

10. Registered medical practitioner — amendment.

10.— The Principal Act is amended—

(a) in section 99(2)(b),

(b) in section 179(4)(c),

(c) in section 224(2)(b), and

(d) in section 244(1)(b)(i)(II),

by substituting “registered medical practitioner” for “medical practitioner ”.

11. Widowed parent grant — amendment to definition.

11.— Section 137(2) (as amended by section 19 of the Social Welfare and Pensions Act 2007) of the Principal Act is amended by substituting the following definition for the definition of “widowed parent ”:

“ ‘widowed parent’ means a widow or widower—

(a) who—

(i) in the case of a widow, has at least one qualified child who normally resides with her at the date of death of her spouse or whose child is born within 10 months of the date of death of her spouse, or

(ii) in the case of a widower, has at least one qualified child who normally resides with him at the date of death of his spouse,

and

(b) who—

(i) is entitled to, or in receipt of, bereavement grant, or

(ii) is entitled to, or in receipt of—

(I) death benefit under section 81,

(II) widow’s (contributory) pension under Chapter 18 of Part 2,

(III) widower’s (contributory) pension under Chapter 18 of Part 2,

(IV) widow’s (contributory) pension under Chapter 18 of Part 2 or widower’s (contributory) pension under Chapter 18 of Part 2 by virtue of Council Regulation (EEC) No. 1408/71 of the Council of 14 June 1971 [^1] or by virtue of a reciprocal agreement under section 287,

(V) one-parent family payment, or

(VI) State pension (non-contributory),

which includes an increase in respect of a qualified child;”.

12. Pre-retirement allowance.

12.— Section 144(5) of the Principal Act is repealed.

13. One-parent family payment — entitlement.

13.— (1) Section 172(1) (as amended by section 17 of and Schedule 3 to the Act of 2006) of the Principal Act is amended by substituting the following definition for the definition of “ qualified parent ”:

“ ‘ qualified parent ’ means, subject to regulations under section 177—

(a) a widow,

(b) a widower,

(c) a separated spouse,

(d) an unmarried person, or

(e) a person whose spouse has been committed in custody to a prison or place of detention for not less than 6 months,

who is the parent, step-parent, adoptive parent or legal guardian of at least one qualified child, who normally resides with that person;”.

(2) Subsection (1) shall not apply, where a person’s entitlement to one-parent family payment has been established before the coming into operation of that subsection, for the duration of that person’s continuous entitlement to one-parent family payment.

14. Supplementary welfare allowance — amendments.

14.— (1) Section 187 of the Principal Act is amended by inserting the following definitions:

“ ‘mortgage interest’ means the proportion of any amount payable by a person to a mortgage lender which is for the time being attributable to interest payable under an agreement entered into by that person with the mortgage lender for the purpose of defraying money employed in the purchase, repair or essential improvement of the sole or main residence of that person or to pay off another loan used for that purpose but does not include interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement;

‘ mortgage lender ’ has the meaning given to it by section 2(1) (as amended by section 2 of, and Schedule 3 to, the Central Bank and Financial Services Authority of Ireland Act 2004) of the Consumer Credit Act 1995;”.

(2) Section 198 (as amended by section 25 of the Social Welfare and Pensions Act 2007) of the Principal Act is amended—

(a) in subsection (2), by substituting “and, subject to subsection (3E), the amount of such a payment” for “and the amount of such a payment”,

(b) in subsection (3), by inserting “, (3E)” after “(3D)”,

(c) by inserting the following subsection after subsection (3D):

“(3E) Without prejudice to the generality of subsections (1), (2) and (3), and subject to subsections (3A), (3B), (3D) and (4), where regulations under this section provide for the payment of a supplement towards the amount of rent payable by a person in respect of his or her residence, the regulations shall prescribe the maximum amount of rent in respect of which such supplement is payable having regard to the family circumstances of the person to whom such supplement is payable and the location of the residence of that person.”,

(d) in subsection (5), by deleting “in respect of his or her residence”, and

(e) by inserting the following subsections after subsection (5):

“(5A) Without prejudice to subsections (2) and (5), regulations under subsection (1) may prescribe the conditions and circumstances under which, and the periods for which, the supplement referred to in subsection (5), is payable.

(5B) The amount of a supplement payable in accordance with subsection (5) shall be limited to the amount and duration determined by the Executive to be appropriate, having regard to the family circumstances of the person concerned and subject to the conditions and circumstances and the period for which the supplement is payable, as may be prescribed.”.

(3) Section 199(1) of the Principal Act is amended by deleting the definitions of “mortgage interest” and “mortgage lender”.

15. Illness benefit — amendment.

15.— (1) Section 41 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (a):

“(a) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which the benefit is claimed, and”,

and

(b) by inserting the following subsection after subsection (3):

“(3A) In the case of a claim for illness benefit where the period of interruption of employment began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a) shall be read as if ‘52’ were substituted for ‘104’.”.

(2) Section 44 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) by inserting the following subsections after subsection (1):

“(1A) Where a person—

(a) has qualifying contributions in respect of not less than 260 contribution weeks in the period between his or her entry into insurance and any day of incapacity for work, and

(b) before that day has been entitled, in respect of any period of interruption of employment (whether including that day or not) during the period beginning on the date 2 years immediately before that day, or the period beginning on 5 January 2009, whichever is shorter, to illness benefit for 624 days,

the person shall not be entitled to illness benefit for that day unless since the last of those 624 days and before that day he or she has requalified for benefit.

(1B) Subsection (1A) shall not apply to any claim for illness benefit where the period of incapacity for work began on or before 4 January 2009.

(1C) In the case of a person to whom section 41(1)(c)(ia)(I) applies and—

(a) that person is in receipt of invalidity pension, carer’s benefit or carer’s allowance on 5 January 2009, and

(b) the period of incapacity for the illness benefit referred to in section 41(1)(c)(ia)(II) began on or before 4 January 2009,

subsection (1A) shall not apply to the illness benefit claim made immediately following the invalidity pension, carer’s benefit or carer’s allowance for the period of incapacity of that illness benefit claim.

(1D) Subsection (1A) shall not apply for the period of incapacity of any claim for illness benefit where, on the date immediately before the claim, a person was incapable of work and entitled to or in receipt of injury benefit in respect of a period on or before 4 January 2009.”,

(b) in subsection (3), by substituting “Notwithstanding subsection (1) or, as the case may be, subsection (1A)” for “Notwithstanding subsection (1)”, and

(c) in subsection (4), in paragraph (b), by substituting “subsection (1) or, as the case may be, subsection (1A) shall” for “subsection (1) shall”.

(3) This section comes into operation on 5 January 2009.

16. Health and safety benefit — amendment.

16.— (1) Section 53 of the Principal Act is amended—

(a) in subsection (1)(a)(ii)—

(i) by substituting the following clause for clause (I):

“(I) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and”,

and

(ii) by substituting the following for sub-clause (A) of clause (II):

“(A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, of which at least 13 must be qualifying contributions, or”,

and

(b) by inserting the following subsection after subsection (2):

“(2A) In the case of a claim for health and safety benefit where the period of health and safety leave began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a)(ii)(I) shall be read as if ‘52’ were substituted for ‘104’.”.

(2) This section comes into operation on 5 January 2009.

17. Jobseeker’s benefit — linked claims.

17.— Section 62 of the Principal Act is amended by substituting the following subsection for subsection (8):

“(8) Notwithstanding anything contained in subsection (5), any period—

(a) not exceeding 1 year in duration, of—

(i) employment under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment,

(ii) employment under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme,

(iii) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Enterprise Allowance Scheme,

(iv) participation in a scheme administered by An Foras Áiseanna Saothair and known as the Alternance Scheme,

(v) attendance at a training course provided or approved of by An Foras Áiseanna Saothair,

(vi) participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative, or

(vii) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,

or

(b) not exceeding 2 years in duration, of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

shall be disregarded in treating, under subsection (5)(c), any 2 periods of interruption of employment not separated by more than 26 weeks as one period of interruption of employment.”.

18. Jobseeker’s benefit — amendment.

18.— (1) Section 64 (as amended by section 4 of the Act of 2006) of the Principal Act is amended—

(a) in subsection (1) by substituting the following paragraph for paragraph (a):

“(a) has qualifying contributions in respect of not less than 104 contribution weeks in the period between his or her entry into insurance and the day for which benefit is claimed,”,

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

“(i) has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, of which at least 13 must be qualifying contributions, in the second last complete contribution year before the beginning of the benefit year which includes the day for which the benefit is claimed, or”,

(c) in subsection (2), by substituting “104” for “52”,

(d) in subsection (3), by substituting “104” for “52”,

(e) by inserting the following subsection after subsection (3):