Legalize / Ireland / Act

Social Welfare and Pensions Act 2011

Type Act

Publication 2011-06-29

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

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

1.— (1) This Act may be cited as the Social Welfare and Pensions Act 2011.

(2) (a) The Social Welfare Acts and Part 2 shall be read together as one.

(b) The Citizens Information Acts 2000 to 2008 and section 21 may be cited together as the Citizens Information Acts 2000 to 2011.

(c) The Pensions Acts 1990 to 2010 and Part 4 shall be read together as one and may be cited together as the Pensions Acts 1990 to 2011.

(3) Sections 10 and 16(6) shall come into operation on such day or days as the Minister for Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provisions, and different days may be so appointed for different purposes or different provisions.

PART 2 Amendments to Social Welfare Acts

2.. Definition.

2.— In this Part “Principal Act” means the Social Welfare Consolidation Act 2005.

3.. Amendment of section 13 of Principal Act.

3.— (1) Section 13(2) of the Principal Act is amended—

(a) in paragraph (b) (amended by section 12 of the Social Welfare Act 2010) by deleting “paragraph (ba) and to”,

(b) by deleting paragraph (ba) (inserted by section 12 of the Social Welfare Act 2010), and

“(d) Subject to paragraph (da), subsection (8) and to regulations under section 14, where in any contribution week a payment is made to or for the benefit of an employed contributor in respect of reckonable earnings of that employed contributor, a contribution shall be payable by the employed contributor’s employer—

(i) at the percentage rate specified in the Table to this paragraph of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings do not exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis), and

(ii) at the rate of 10.05 per cent of the amount of the reckonable earnings in that week to which that payment relates where those reckonable earnings exceed €356 (or the equivalent thereof in the case of an employed contributor remunerated otherwise than on a weekly basis).

TABLE

”.

(2) This section comes into operation on 2 July 2011.

4.. Description of benefits.

4.— Section 39(1) (amended by section 17 of the Social Welfare and Pensions Act 2010) of the Principal Act is amended by substituting the following paragraph for paragraph (k):

“(k) widow’s (contributory) pension, widower’s (contributory) pension and surviving civil partner’s (contributory) pension,”.

5.. Discontinuance of death benefit — parents.

5.— (1) Section 80 of the Principal Act is amended by substituting “sections 81, 83 and 84” for “sections 81 to 84”.

(2) Section 82 of the Principal Act is repealed.

(3) Section 241(2) of the Principal Act is amended—

(a) in paragraph (c) by substituting “sections 81 and 83” for “sections 81, 82 and 83”, and

(b) in paragraph (f) by substituting “section 81 or 83” for “section 81, 82 or 83”.

(4) Notwithstanding the repeal of section 82 of the Principal Act effected by subsection (2) —

(a) where a person is in receipt of death benefit under section 82 of the Principal Act immediately before the commencement of this section, or

(b) where a person makes a claim for death benefit under section 82 of the Principal Act and the claim has not been fully determined before the commencement of this section and the person would have become entitled to death benefit but for subsection (2),

death benefit under section 82 of the Principal Act shall be payable for so long as the person continues to be entitled to the benefit under the Principal Act and regulations made thereunder as if subsection (2) had not been commenced.

6.. Discontinuance of State pension (transition).

6.— Section 114 of the Principal Act is amended by inserting the following subsection after subsection (8):

“(9) Notwithstanding the provisions of this Chapter, State pension (transition) shall not be payable to a person who attains the age of 65 years on or after 1 January 2014.”.

7.. Increase in pensionable age.

7.—F1[…]

8.. Amendment of section 144 of Principal Act.

8.— The Principal Act is amended in section 144—

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

“(3A) In this section—

(a) a reference to a civil partner is a reference to each civil partner of a couple in relation to the other, and

(b) a reference to a cohabitant is a reference to each cohabitant in relation to the other.”, and

(b) by substituting the following subsection for subsection (4) (amended by section 19 of the Social Welfare and Pensions Act 2010):

“(4) For the purposes of this section, a reference to ‘jobseeker’s allowance’ shall be read as including a reference to pre-retirement allowance.”.

9.. One-parent family payment — amendments.

9.— (1) Section 2(3)(b) of the Principal Act is amended in sub-paragraph (i) by substituting “174(1), 178(4), 178(6), 178A(3),” for “174(1),”.

(2) Section 172(1) of the Principal Act is amended—

(a) in the definition of “qualified parent” (amended by section 20 of the Social Welfare and Pensions Act 2010), by substituting “relevant child” for “qualified child”, and

(b) by inserting the following definitions:

“ ‘relevant child’ means a person who—

(a) is ordinarily resident in the State,

(b) is not detained in a children detention school, and

(i) not attained the age of 14 years, or

(ii) attained the age of 14 years but has not attained the age of 16 years and is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment;

‘relevant date’ means the date of death of—

(a) the spouse of the surviving spouse,

(b) the cohabitant of the surviving cohabitant, or

(3) Section 172A (inserted by section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010) of the Principal Act is repealed.

(4) Section 173 of the Principal Act is amended—

(a) by substituting the following subsection for subsection (1) (amended by section 22 of the Social Welfare Law Reform and Pensions Act 2006):

“(1) Subject to this Act and to regulations made under this Act, a payment (in this Act referred to as ‘one-parent family payment’) shall be payable to any of the following persons who has not attained pensionable age:

(a) a qualified parent;

(b) a person to whom section 173A or 173B applies;

(b) in subsection (2) (amended by section 20 of the Social Welfare and Pensions Act 2010), by substituting “person” for “qualified parent” in each place in which it occurs,

(c) in subsection (3) (amended by section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010), by substituting “person” for “qualified parent”,

(d) in subsection (5) (amended by section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010), by substituting “person” for “qualified parent” in each place in which it occurs, and

(e) in subsection (6) by substituting “person” for “qualified parent” in each place in which it occurs.

(5) The Principal Act is amended by substituting the following sections for sections 173A and 173B (amended by section 20 of the Social Welfare and Pensions Act 2010):

“Entitlement to one-parent family payment when relevant child attains age of 14 years.

173A.— (1) This section applies to—

(a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,

(b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and

(c) a surviving civil partner where both civil partners of a civil partnership are, on the relevant date, living together and one of them dies,

and where the surviving spouse, surviving cohabitant or surviving civil partner is the parent, step-parent, adoptive parent or legal guardian of at least one child who normally resides with that surviving spouse, surviving cohabitant or surviving civil partner and the youngest child has, on the relevant date, attained the age of 14 years.

(2) For the purposes of this section, the reference to 14 years in subsection (1) shall be read as a reference to 16 years where the youngest child is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment.

(3) Subject to subsections (6) to (8) of section 178A, one-parent family payment shall be payable to a surviving spouse, surviving cohabitant or surviving civil partner to whom this section applies for the shorter of—

(a) the period commencing on the relevant date and ending on the day that is 2 years after that date, or

(b) the period commencing on the relevant date and ending on the date that the youngest child attains the age of 18 years.

Entitlement to one-parent family payment in certain circumstances.

173B.— (1) This section applies to—

(a) a surviving spouse where both spouses of a married couple are, on the relevant date, living together and one of them dies,

(b) a surviving cohabitant where both cohabitants are, on the relevant date, cohabiting and one of them dies, and

(2) For the purposes of this section the reference to 12 years and to 14 years in subsection (1) shall be read as references to 14 years and to 16 years, respectively, where the youngest child is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment.

(3) Subject to subsections (6) to (8) of section 178A, where one-parent family payment is payable to a qualified parent who is a surviving spouse, surviving cohabitant or surviving civil partner referred to in subsection (1), that payment shall, notwithstanding section 172(1), continue to be payable for a period of 2 years commencing on the relevant date.”.

(6) The Principal Act is amended by substituting the following sections for sections 175 to 177:

“ Disqualification.

175.— A person referred to in section 173(1) shall not, if and so long as that person is a cohabitant, be entitled to and shall be disqualified for receiving payment of one-parent family payment.

Continuation of payment.

176.— In the case of—

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

(b) a person to whom section 178A(6), 178A(7) or 178A(8) applies who is a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months,

one-parent family payment shall continue to be paid for 4 weeks after the release of that person’s spouse or civil partner from a prison or place of detention.

Regulations.

177.— The Minister shall make regulations in relation to one-parent family payment and the regulations may, in particular and without prejudice to the generality of the foregoing, specify the circumstances in which, for the purposes of this Chapter—

(a) a person is to be regarded as being a separated spouse,

(b) a civil partner is to be regarded as a civil partner who is not living with the other civil partner of the civil partnership,

(d) a person is to be regarded as being a prisoner’s spouse or civil partner.”.

(7) Section 178A (amended by section 25 of the Social Welfare (Miscellaneous Provisions) Act 2010) of the Principal Act is amended—

(a) by substituting the following subsections for subsections (6) to (8):

“(6) Where a person is in receipt of a one-parent family payment immediately before 27 April 2011 and would, but for the fact that the youngest child has attained the age of 14 years on or before 27 April 2011 continue to receive that payment immediately after 27 April 2011, that person shall continue to be eligible for payment as follows:

(a) in 2011, until the youngest child attains the age of 18 years;

(b) in 2012, until the youngest child attains the age of 18 years;

(d) in 2014, until the youngest child attains the age of 16 years;

(e) in 2015, until the youngest child attains the age of 15 years;

(f) in 2016, until the youngest child attains the age of 14 years.

(6A) For the purposes of subsection (6) where the youngest child has attained the age of 16 years on or before 27 April 2011 and is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment—

(a) subsection (6)(e) shall be read as if ‘16 years’ was substituted for ‘15 years’, and

(b) subsection (6)(f) shall be read as if ‘16 years’ was substituted for ‘14 years’.

(7) Where a person is in receipt of a one-parent family payment immediately before 27 April 2011 and would, but for the fact that the youngest child has—

(a) attained the age of 14 years on or before 27 April 2011, or

(b) attained the age of 14 years but has not attained the age of 16 years on or before 27 April 2011 and is a child in respect of whom a payment under Chapter 8A of Part 3 is in payment,

continue to receive that payment immediately after 27 April 2011, one-parent family payment shall continue to be payable to that person up to the end of an academic year which commences in 2012, where the youngest child who, having attained the age of 18 years, is under the age of 22 years, and is receiving full-time education, in such circumstances as may be prescribed.

(8) Where a person has—

(a) been in receipt of one-parent family payment for a period of 52 consecutive weeks and is disqualified for receipt of that payment on or after 27 April 2011 by virtue of—

(i) having gross weekly earnings in excess of the amount specified in section 173(3), or

(ii) participation in a scheme commonly known as the Back to Education Allowance,

and

(b) but for that disqualification the person would be entitled to that one-parent family payment,

the person shall again become entitled to that payment, subject to, and in accordance with, subsection (6), at the expiration of the disqualification.”,

(b) in subsection (9), by substituting “27 April 2011” for “the commencement of section 172A”, and

“(10) Subsections (6), (6A) and (8) shall cease to have effect on 31 December 2016.”.

10.. Supplementary welfare allowance — amendments.

10.— (1) The Principal Act is amended by substituting the following section for section 206:

“Arrangements for burials.

206.— (1) A designated person may make arrangements for and provide assistance towards the burial of a person, where that person has—

(a) died in the State and suitable arrangements have not otherwise been made for the burial of that person, or

(b) (i) drowned and whose body has been cast ashore, or

(ii) otherwise perished and been found dead,

in the State and whose body has not been claimed for burial.

(2) A designated person may, in any case in which he or she considers it appropriate, bring into and make arrangements for the burial in the State of the body of a person eligible for supplementary welfare allowance who has died outside the State.

(3) A designated person may defray all expenses necessarily incurred in the burial of the body of a deceased person under this section.

(4) A designated person may seek repayment of expenses incurred under this section in the burial of the body of a deceased person—

(a) from the estate of the deceased person, or

(b) from any person who was liable to maintain the deceased person immediately before his or her death.”.

(2) Section 244A(1) (inserted by section 12) of the Principal Act is amended in paragraph (a) by substituting “a designated person” for “the Executive”.

(3) The Principal Act is amended by substituting the following section for section 342 (inserted by section 17):

“Repayment of amounts due to be deferred, suspended, reduced or cancelled.

342.— Notwithstanding anything to the contrary and subject to section 342A, where a person is required to repay an amount of any—

(a) benefit described in section 39(1),

(b) assistance described in section 139(1),

(d) respite care grant,

(e) family income supplement,

(f) continued payment for qualified children, or

(g) payment pursuant to section 239,

in accordance with this Act, an officer of the Minister authorised by him or her for this purpose may, subject to the conditions and in the circumstances that shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.”.

(4) Section 11(1) of the Social Welfare and Pensions Act 2010, insofar as it relates to the amendment of section 241(1A) of the Principal Act specified at reference 9 of Schedule 2 to the Social Welfare and Pensions Act 2010, is repealed.

(5) Sections 11(2)(c) and 11(3) of the Social Welfare and Pensions Act 2010, insofar as they relate to the amendment of section 300(2)(b) of the Principal Act, are repealed.

(6) Section 18(2) of the Social Welfare and Pensions Act 2008, insofar as it relates to the amendment of section 342 of the Principal Act specified in column (2) of Schedule 1 to the Social Welfare and Pensions Act 2008 opposite the mention of section 342 in column (1) of that Schedule, is repealed.

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