Social Welfare and Pensions Act 2013

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 Act 2013.

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

(3) The Pensions Acts 1990 to 2013 and Part 4 shall be read together as one and may be cited together as the Pensions Acts 1990 to 2013.

(4) Sections 13 and 14 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 provision, and different days may be so appointed for different purposes or different provisions.

PART 2 Amendments to Social Welfare Acts

2. Definitions

2. “Act of 2005” means the Social Welfare Act 2005;

“Act of 2009” means the Social Welfare and Pensions (No. 2) Act 2009;

“Act of 2010” means the Social Welfare (Miscellaneous Provisions) Act 2010;

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

3. Contributions by certain persons

3. (1) Chapter 5B (inserted by section 6 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013) of Part 2 of the Principal Act is amended—

(a) in section 30E—

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

“(1A) This Chapter applies to—

(a) an employed contributor, and

(b) a person who is in receipt of a pension arising from a previous employment of that person or of his or her spouse or civil partner,

where such employed contributor or such person—

(i) has attained the age of 16 years but has not attained pensionable age, and

(ii) in a contribution year receives income referred to in subsection (3).”,

and

(ii) by inserting the following subsections after subsection (2):

“(3) The income received by an employed contributor referred to in subsection (1A)(a) or a person referred to in subsection (1A)(b) in a contribution year to which subsection (1A) refers is unearned reckonable income where such employed contributor or person does not have—

(a) reckonable emoluments, or

(b) reckonable income to which—

(i) Chapter 3 of Part 4, or

(ii) Part 43,

of the Act of 1997 applies,

in that contribution year.

(4) In subsection (3) ‘unearned reckonable income’ means reckonable income other than reckonable income to which—

(a) Chapter 3 of Part 4, or

(b) Part 43,

of the Act of 1997 applies.”,

(b) in section 30F—

(i) in subsection (1), by substituting “Subject to subsection (1A), a person” for “An employed contributor”,

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

“(1A) A contribution shall not be payable in accordance with this Chapter in respect of reckonable income referred to in section 30E(2) or unearned reckonable income referred to in section 30E(3) for any contribution year in which a person to whom this Chapter applies is not a chargeable person within the meaning of section 959A of the Act of 1997.”,

and

(iii) in subsection (4)(a), by substituting “a person” for “an employed contributor” in each place in which it occurs,

and

(c) in section 30G—

(i) in subsection (1)(f)—

(I) by substituting “a person” for “an employed contributor”, and

(II) by substituting “by the person” for “by the contributor”,

and

(ii) in subsection (4)—

(I) by substituting “classes of person” for “classes of employed contributors”, and

(II) by substituting “that person” for “that employed contributor”.

(2) Subsection (1), in so far as it relates to liability for a contribution under section 30F(1) (amended by paragraph (b) of that subsection) of the Principal Act, applies in respect of any unearned reckonable income referred to in section 30E(3) received by a person referred to in subsection (1A) of section 30E of the Principal Act (inserted by paragraph (a) of subsection (1))—

(a) in respect of the contribution year commencing on 1 January 2014, and

(b) in respect of each subsequent contribution year.

(3) This section comes into operation on 1 January 2014.

4. Illness benefit — amendments

4. (1) Section 40 of the Principal Act is amended—

(a) in subsection (2), by substituting “6” for “3”,

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

“(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day of incapacity for work.”,

and

(c) in subsection (3)—

(i) by deleting the following in paragraph (d):

“and a period of incapacity for work is deemed to include any day or days of unemployment in the period of 3 consecutive days before the first day of incapacity for work”,

and

(ii) in paragraph (f), by substituting “other than for the purposes of subsection (2A), Sunday” for “Sunday”.

(2) The amendments to section 40 of the Principal Act effected by subsection (1) come into operation on 6 January 2014 as respects a period of incapacity for work, within the meaning of section 40 of the Principal Act, the first day of which occurs on or after 6 January 2014.

5. Maternity benefit — rate of benefit

5. (1) Section 49 (amended by section 7 of the Act of 2005) of the Principal Act is amended by substituting the following subsection for subsection (1):

“(1) Subject to this Act, the weekly rate of maternity benefit shall be—

(a) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

or

(b) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(ii) €230.”.

(2) This section comes into operation on 6 January 2014.

6. Adoptive benefit — rate of benefit

6. (1) Section 60 (amended by section 8 of the Act of 2005) of the Principal Act is amended by substituting the following subsection for subsection (1):

“(1) Subject to this Act, the weekly rate of adoptive benefit shall be—

(a) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

or

(b) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(ii) €230.”.

(2) This section comes into operation on 6 January 2014.

7. Injury benefit — amendments

7. (1) Section 74 of the Principal Act is amended—

(a) in subsection (2), by substituting “6” for “3”, and

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

“(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker’s benefit or jobseeker’s allowance for any day or days in the period of 14 consecutive days ending on the day before the first day on which, as a result of the injury, he or she is incapable of work.

(2B) Subsection (2) shall not apply to a person who had a period of incapacity for work immediately before, or not more than 3 days before the first day on which, as a result of the injury, he or she is incapable of work.”.

(2) The amendments to section 74 of the Principal Act effected by subsection (1) come into operation on 6 January 2014 as respects a period, the first day of which occurs on or after 6 January 2014, during which as a result of an injury referred to in subsection (1) of section 74 a person is incapable of work.

8. Discontinuance of payment of bereavement grant

8. (1) Section 134 of the Principal Act is amended by substituting the following subsection for subsection (1) (amended by sections 17 and 26 of the Social Welfare and Pensions Act 2010):

“(1) Subject to this Act, a bereavement grant shall be payable to the person or persons that may be prescribed—

(a) on the death, before 1 January 2014, of—

(i) a pensioner,

(ii) a qualified adult,

(iii) a spouse, civil partner or cohabitant of a pensioner,

(iv) a qualified child in respect of whom an increase of pension specified in paragraphs (a) to (f) in the definition of ‘pensioner’ in subsection (3) was being paid at the time of death,

(v) an orphan, or

(vi) a person to whom a guardian’s payment (contributory) is payable under section 133,

or

(b) where the contribution conditions in section 135 are satisfied, on the death, before 1 January 2014, of—

(i) an insured person,

(ii) the spouse, civil partner or cohabitant of an insured person,

(iii) the widow, widower or surviving civil partner of a deceased insured person, or

(iv) a qualified child other than a qualified child referred to in paragraph (a)(iv).”.

(2) This section comes into operation on 1 January 2014.

9. Jobseeker’s allowance — amendments

9. (1) The Principal Act is amended—

(a) in section 142A—

(i) in subsection (1)(a) (amended by section 6 of the Act of 2009), by substituting “25” for “22”,

(ii) in subsection (4), by inserting the following paragraph after paragraph (aa) (inserted by section 21 of the Act of 2010):

“(ab) the period of unemployment commenced on or before 14 January 2014 and the claimant was a person—

(i) who, on or before that date, attained the age of 22 years and had not attained the age of 25 years, and

(ii) to whom, on or before 14 January 2014, section 142B applied,”,

(iii) in subsection (4), by deleting paragraph (b), and

(iv) in subsection (4)(d) (amended by section 6 of the Act of 2009), by substituting “25” for “22”,

and

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

(i) in subsection (1)(a)—

(I) by substituting “25” for “22”, and

(II) by substituting “26” for “25”,

(ii) in subsection (3) (amended by section 21 of the Act of 2010), by inserting the following paragraph after paragraph (a):

“(aa) the period of unemployment commenced on or before 14 January 2014 and the claimant was a person—

(i) who, on or before that date, attained the age of 25 years and had not attained the age of 26 years, and

(ii) to whom, on or before 14 January 2014, section 142 applied,”,

and

(iii) in subsection (3), by deleting paragraph (b).

(2) This section comes into operation on 15 January 2014.

10. Supplementary welfare allowance — amendments

10. (1) Section 197 (amended by section 7 of the Social Welfare and Pensions Act 2009) of the Principal Act is amended—

(a) in subsection (2) (amended by section 13 of the Act of 2009), by substituting “25” for “22”,

(b) in subsection (3) (amended by section 13 of the Act of 2009), by inserting the following paragraph after paragraph (a):

“(aa) has been in continuous receipt of the allowance from a date on or before 8 January 2014 and where, in the period prior to that date, the claimant was not a person to whom subsection (2) applied, or”,

(c) in subsection (3)(b) (amended by section 13 of the Act of 2009), by substituting “25” for “22”,

(d) in subsection (4) (inserted by section 13 of the Act of 2009)—

(i) by substituting “25” for “22”, and

(ii) by substituting “26” for “25”,

and

(e) by inserting the following subsection after subsection (5) (inserted by section 13 of the Act of 2009):

“(6) Subsection (4) shall not apply in the case of a claim for supplementary welfare allowance where—

(a) the claimant has been in continuous receipt of the allowance from a date on or before 8 January 2014, and

(b) in the period prior to that date, the claimant was not a person to whom subsection (4) applied.”.

(2) Section 198 of the Principal Act is amended in subsection (1A) (inserted by section 6 of the Social Welfare and Pensions Act 2010) by substituting “26” for “25”.

(3) This section comes into operation on 9 January 2014.

11. Discontinuance of mortgage interest supplement

11. Section 198 of the Principal Act is amended—

(a) in subsection (5) (amended by section 14 of the Social Welfare (Miscellaneous Provisions) Act 2008) by substituting “Subject to subsections (10) and (11) and without prejudice to” for “Without prejudice to”, and

(b) by inserting the following subsections after subsection (9) (amended by section 11 of, and Schedule 2 to, the Social Welfare and Pensions Act 2010):

“(10) The supplement referred to in subsection (5), payable towards the amount of mortgage interest payable by a person shall not be paid to any person on or after 1 January 2018.

(11) An application for the supplement referred to in subsection (5) shall not be made on or after 1 January 2014.”.

12. Invalidity pension — rate of pension in certain cases

12. (1) The Principal Act is amended in Part 1 (amended by section 3 of the Social Welfare Act 2010) of Schedule 2 by substituting the following for reference 4:

“

4. Invalidity Pension:	193.50	138.10	29.80	143.00	7.70	10.00	12.70
Additional increase for a beneficiary who has attained the age of 65 years before 2 January 2014	36.80	-	-	-	-	-	-
Additional increase where a qualified adult has attained pensionable age before 2 January 2014	-	68.20	-	-	-	-	-

”.

(2) This section comes into operation on 2 January 2014.

13. Recovery of certain benefits and assistance

13. The Principal Act is amended—

(a) in section 4(4)(a), by substituting “342, 343M and 363” for “342 and 363”,

(b) in section 300(2)—

(i) in paragraph (h), by substituting “and insurability),” for “and insurability), and”, and

(ii) by inserting the following after paragraph (h):

“(hh) Part 11B (recovery of certain benefits and assistance) being a question as to whether a benefit, or any part of a benefit, specified in a statement of recoverable benefits is a recoverable benefit within the meaning of that Part, and”,

(c) in section 311 (amended by section 18 of the Social Welfare and Pensions Act 2008)—

(i) in subsection (1), by substituting “Subject to subsection (4), where any person” for “Where any person”, and

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

“(4) No appeal may be made under subsection (1) by any person against the decision given by a deciding officer on a question under paragraph (hh) (inserted by section 13(b) of the Social Welfare and Pensions Act 2013) of section 300(2) until the recoverable benefits specified in the statement of recoverable benefits have been paid to the Minister in accordance with section 343R (inserted by section 13(d) of the Social Welfare and Pensions Act 2013).”,

(d) by inserting the following after Part 11A (inserted by section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013):

“Part 11B

Recovery of Certain Benefits and Assistance

Interpretation

343L. (1) In this Part—

‘Act of 2003’ means the Personal Injuries Assessment Board Act 2003;

‘Board’ means the Personal Injuries Assessment Board;

‘compensation payment’ has the meaning assigned to it by section 343M;

‘compensator’ has the meaning assigned to it by section 343M;

‘court’ means, in relation to a personal injury action, the court in which that action has been brought, being the High Court, Circuit Court or District Court, as the case may be;

‘injured person’ has the meaning assigned to it by section 343M and includes any person acting on his or her behalf or his or her personal representative;

‘personal injury’ includes any disease and any impairment of a person’s physical or mental condition;

‘recoverable benefits’ has the meaning assigned to it by subsection (2);

‘relevant compensation payment’ means any part of a compensation payment that is attributable to loss of earnings or profits of an injured person;

‘specified benefits’ has the meaning assigned to it by section 343O;

‘specified period’ shall be construed in accordance with section 343N;

‘statement of recoverable benefits’ means a statement issued by the Minister under section 343P.

(2) In this Part ‘recoverable benefits’ means—

(a) the specified benefits paid to an injured person as a result of the personal injury up to the date of the issuing of a statement of recoverable benefits, and

(b) any specified benefits that may be paid to the injured person as a result of the personal injury on or after the date referred to in paragraph (a) until the end of the specified period.

Application of Part

343M. (1) Subject to subsection (2), this Part applies where—

(a) a payment (in this Part referred to as a ‘compensation payment’) is made by or on behalf of a person (in this Part referred to as the ‘compensator’) who is, or is alleged to be, liable to any extent in respect of a personal injury, not causing death, suffered by any other person (in this Part referred to as the ‘injured person’),

(b) the injured person has received, is receiving, or may receive, a specified benefit as a result of that personal injury during the specified period, and