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Social Welfare and Pensions (No. 2) Act 2009

Type Act

Publication 2009-12-21

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

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

1.— (1) This Act may be cited as the Social Welfare and Pensions (No. 2) Act 2009.

(2) The Social Welfare Acts and this Act, other than Part 3, shall be read together as one.

(3) The Pensions Acts 1990 to 2009 and Part 3 may be cited together as the Pensions Acts 1990 to 2009.

(4) Part 3 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 1990” means the Pensions Act 1990;

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

“Act of 2008” means the Social Welfare (Miscellaneous Provisions) Act 2008;

“Act of 2009” means the Social Welfare and Pensions Act 2009;

“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 3(1) of the Act of 2008) 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 31 December 2009,

(b) in so far as it relates to illness benefit, health and safety benefit, injury benefit and disablement gratuity, on 4 January 2010,

(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 7 January 2010, 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 8 January 2010.

4. Social assistance payments (new rates).

4.— (1) Schedule 4 to the Principal Act (as amended by section 11 of the Act of 2009) is amended by substituting the Parts set out in Schedule 2 for Parts 1 and 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 30 December 2009,

(b) in so far as it relates to supplementary welfare allowance, on 4 January 2010,

(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 7 January 2010, 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 8 January 2010.

5. Family Income Supplement (new weekly rates).

5.— (1) The following section is substituted for section 228 (as amended by section 5(1) of the Act of 2008) 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, €506,

(b) in the case of a family which includes 2 children, €602,

(d) in the case of a family which includes 4 children, €824,

(e) in the case of a family which includes 5 children, €950,

(f) in the case of a family which includes 6 children, €1,066,

(g) in the case of a family which includes 7 children, €1,102, or

(h) in the case of a family which includes 8 or more children, €1,298.”.

(2) This section comes into operation on 1 January 2010.

6. Jobseeker’s allowance — amendments.

6.— The Principal Act is amended:

(a) in section 142(1) (as amended by section 6(b) of the Act of 2009) by inserting “142B,” after “142A,”,

(b) in section 142A (inserted by section 6(c) of the Act of 2009)—

(i) in subsection (1)(a), by substituting “22” for “20”,

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

“(a) the period of interruption of employment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom this section applied,”,

and

(iii) in subsection (4)(d), by substituting “22” for “20”,

and

“Rates of assistance — ages 22 to 24 years.

142B.— (1) Notwithstanding section 142(1), in the case of a person who—

(a) has attained the age of 22 years and has not attained the age of 25 years,

(b) is not a person referred to in section 142(1)(a)(ii) (as amended by section 20 of the Social Welfare and Pensions Act 2007), and

the scheduled rate of jobseeker’s allowance shall be the weekly rate set out in column (2) at reference 1(d) in Part 1 of Schedule 4, (inserted by section 4of the Social Welfare and Pensions (No. 2) Act 2009) increased by the amount set out in column (3) of that Part opposite that reference for any period during which the claimant or beneficiary has a qualified adult, subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

(2) (a) In the case of a person referred to in subsection (1), and subject to paragraph (b), jobseeker’s allowance shall be payable where the weekly means of the claimant or beneficiary—

(i) are less than €1, at the scheduled rate,

(ii) are equal to €1, at the scheduled rate reduced by €1, and

(iii) exceed €1, at the scheduled rate, reduced by €1 for each amount (if any) of €1 by which those weekly means exceed €1.

(b) Where the weekly means of the claimant or beneficiary are equal to or exceed the scheduled rate, no jobseeker’s allowance shall be payable.

(3) This section shall not apply in the case of a claim for jobseeker’s allowance where—

(a) the period of interruption of employment commenced on or before 30 December 2009 and where, in the period prior to that date, the claimant was not a person to whom section 142A applied,

(b) a claimant has exhausted, immediately prior to applying for an allowance under this section, his or her entitlement to benefit payable pursuant to section 67,

(c) a claimant was in receipt of disability allowance immediately before he or she makes the claim under this section, or

(d) a claimant is participating in the work placement programme.

(4) In subsection (3), ‘ work placement programme ’ means the programme commonly known by that name and administered by An Foras Áiseanna Saothair.”.

7. Child benefit (new rates).

7.— (1) Schedule 4 to the Principal Act is amended by substituting the following for Part 4 (inserted by section 3 of the Social Welfare and Pensions Act 2008):

“PART 4

Amount for each of first 2 children (1)	Amount for each child in excess of 2 (2)
€150.00	€187.00

”.

(2) This section comes into operation on 1 January 2010.

8. Limitation on return of contributions.

8.— (1) The Principal Act is amended by inserting the following section after section 38:

“Limitation on return of contributions.

38A.— (1) Subject to subsections (2) and (3), an application, pursuant to section 34, 37 or 38, for the return of contributions shall be made—

(a) within 4 years of the last day of the contribution year in respect of which the contributions concerned were paid, and

(b) in such manner as the Minister or the Collector General, as appropriate, may from time to time determine.

(2) Subsection (1) shall not apply where—

(a) an application for the return of contributions was made on or before 31 December 2009, or

(b) the return of contributions is pursuant to a decision of a deciding officer or, where such decision is appealed, an appeals officer—

(i) on a question referred to in subparagraph (iv), (v), (vi), (x), (xi) or (xii) of section 300(2)(a), and

(ii) the request for such decision was received by the Minister on or before 31 December 2009.

(3) A return of contributions may be subject to all or any of the following:

(a) a deduction of the amount of any contributions which—

(i) were paid at an incorrect rate in respect of an insured person, and

(ii) were treated, under Article 71(1) of the Social Welfare (Consolidated Contributions and Insurability) Regulations (S.I. No. 312 of 1996), as paid on account of contributions properly payable in respect of such person;

(b) a deduction of an amount equivalent to the amount of any benefit paid to the person by reason of contributions having been paid in error.

(4) Regulations may provide for the method of calculation of the amount of any contributions due to be repaid.

(5) In this section—

‘ benefit ’ has the meaning assigned to it by section 7(2);

‘ contributions ’ means—

(a) employment contributions,

(b) self-employment contributions,

(d) optional contributions.”.

(2) This section comes into operation on 1 January 2010.

9. Amendment to section 110 of Principal Act.

9.— (1) Section 110 of the Principal Act is amended by substituting the following subsections for subsection (2):

“(2) A State pension (contributory) shall not be payable in respect of any period preceding the date on which all self-employment contributions, referred to in subsection (1)(b), payable by the person concerned have been paid.

(3) Where the person has paid all contributions due under subsection (1)(b) other than contributions payable in respect of the last complete contribution year before the date such person attains pension age, subsection (2) shall not apply in respect of such person.

(4) Subsection (2) shall not apply to a claim for State pension (contributory) made on or before 31 December 2009.”.

(2) This section comes into operation on 1 January 2010.

10. Amendment to section 128 of Principal Act.

10.— (1) Section 128 of the Principal Act is amended by substituting the following subsections for subsection (2):

“(2) A pension shall not be payable in respect of any period preceding the date on which all self-employment contributions, referred to in subsection (1)(b), payable by the person concerned have been paid.

(3) Where the person has paid all contributions due under subsection (1)(b) other than contributions payable in respect of the last complete contribution year before the relevant time, subsection (2) shall not apply in respect of such person.

(4) Subsection (2) shall not apply to a claim for pension made on or before 31 December 2009.”.

(2) This section comes into operation on 1 January 2010.

11. Amendment to section 138 of Principal Act.

11.— (1) Section 138 of the Principal Act is amended by substituting the following subsection for subsection (2):

“(2) The regulations, for the purposes of this section, may specify the payment of the whole or any part of the cost of any of the following:

(a) the carrying out of a dental examination;

(b) the carrying out of an optical examination;

(2) The amendment effected by subsection (1) shall not apply to any treatment or benefit approved on or before 31 December 2009 pursuant to and in accordance with section 138 and regulations made under it.

(3) This section comes into operation on 1 January 2010.

12. Supplementary welfare allowance — amendments.

12.— Section 187 (as amended by section 14 of the Act of 2008) of the Principal Act is amended by—

(a) inserting the following definition:

“ ‘ institution ’ means—

(a) a hospital, convalescent home or home for persons suffering from physical or mental disability or accommodation ancillary to such hospital or home,

(b) any premises providing residence, maintenance or care for the persons therein,

(d) a prescribed institution;”,

and

(b) substituting the following definition for the definition of “ mortgage interest ”:

“ ‘ 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—

(a) interest payable in relation to such agreement by virtue of a delay or default in making a repayment under that agreement, or

(b) the aggregate of—

(i) any relief for interest due to the person under section 244 (as amended by section 3 of the Finance Act 2009) of the Act of 1997, and

(ii) any mortgage allowance or mortgage subsidy attributable to interest which may be payable by a local authority on behalf of the person under the Housing Acts 1963 to 2009.”.

13. Amendment to section 197 of Principal Act.

13.— Section 197 (as amended by section 7 of the Act of 2009) of the Principal Act is amended—

(a) in subsection (2), by substituting “22” for “20”,

(b) in subsection (3), by substituting the following paragraph for paragraph (a):

“(a) has been in continuous receipt of the allowance from a date on or before 30 December 2009 and where, in the period prior to that date the claimant was not a person to whom subsection (2) applied,”,

(d) by inserting the following subsections after subsection (3):

“(4) Notwithstanding subsection (1), in the case of a person who has attained the age of 22 years but has not attained the age of 25 years and who has no means as determined by this Chapter, and is not entitled to an increase in respect of a qualified child, subject to any payment under section 198, the weekly amount of supplementary welfare allowance payable shall be as set out in column (2) at reference 10(c) (inserted by section 4 of the Social Welfare and Pensions (No. 2) Act 2009) of Part 1 of Schedule 4 increased by the amount set out in column (3) of that Part for any period during which the beneficiary has a qualified adult subject to the restriction that the claimant or beneficiary shall not be entitled for the same period to an increase of allowance under this subsection in respect of more than one person.

(5) Subsection (4) shall not apply in the case of a claim for supplementary welfare allowance where the claimant has been in continuous receipt of the allowance from a date on or before 30 December 2009 and where, in the period prior to that date the claimant was not a person to whom subsection (2) applied.”.

14. Weekly or monthly supplements — amendment.

14.— Section 198 of the Principal Act is amended by substituting the following subsection for subsection (3F) (inserted by section 7 of the Act of 2009)—

“(3F) A person shall not be entitled to a payment referred to in subsection (3) unless, on the making of the application, the Executive is satisfied that the person is a bona fide tenant, and has been—

(a) assessed by a housing authority pursuant to section 9 of the Housing Act 1988 (as amended by section 75 of the Health Act 2004) as having a housing need,

(b) residing, for the period that is prescribed, in rented accommodation in respect of which—

(i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii) the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person,

(c) residing, for the period that is prescribed, in accommodation for homeless persons as provided under section 10 of the Housing Act 1988, or

(d) residing, for the period that is prescribed, in an institution.”.

15. Amendment to section 246 of Principal Act.

15.— Section 246 (as amended by the Social Welfare and Pensions Act 2008) of the Principal Act is amended by inserting the following subsections after subsection (4):

“(5) Notwithstanding subsections (1) to (4) and subject to subsection (9), a person who does not have a right to reside in the State shall not, for the purposes of this Act, be regarded as being habitually resident in the State.

(6) The following persons shall, for the purpose of subsection (5), be taken to have a right to reside in the State:

(a) an Irish citizen under the Irish Nationality and Citizenship Acts 1956 to 2004;

(b) a person who has a right to enter and reside in the State under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006), the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977) or the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997);

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.