LegalizeSocial Welfare Act 2022
1. Definitions
1. In this Act—
“Act of 2019” means the Social Welfare Act 2019;
“Act of 2021” means the Social Welfare Act 2021;
“Principal Act” means the Social Welfare Consolidation Act 2005.
2. Reckonable income - amendment to definition
2. (1) Section 2(1) of the Principal Act is amended, in paragraph (a) of the definition of “reckonable income” (amended by section 6(1)(b) of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013) by the insertion of “216F,” after “216C,”.
(2) This section comes into operation on 1 January 2023.
3. Qualified adult - amendment to definition
3. Section 2(2) of the Principal Act is amended, in paragraph (a) of the definition of “qualified adult”—
(a) in subparagraph (vii), by the substitution of the following clause for clause V:
“(V) the national internship scheme, or”,
and
(b) by the insertion of the following subparagraph after subparagraph (vii):
“(viii) a spouse, civil partner or cohabitant of that person, where that person is in receipt of jobseeker’s allowance, and the spouse, civil partner or cohabitant is a participant under a scheme provided by the Minister and known as Community Employment,”.
4. Employment contributions
4. (1) Section 13(2) (amended by section 3 of the Act of 2021) of the Principal Act is amended, in paragraph (d)—
(a) in subparagraph (i), by the substitution of “€441” for “€410”, and
(b) in subparagraph (ii), by the substitution of “€441” for “€410”.
(2) This section comes into operation on 1 January 2023.
5. Maternity benefit - new rate
5. (1) Section 49(1) (amended by section 5 of the Act of 2021) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii):
“(ii) €262.”.
(2) This section comes into operation on 2 January 2023.
6. Adoptive benefit - new rate
6. (1) Section 60(1) (amended by section 6 of the Act of 2021) of the Principal Act is amended, in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii):
“(ii) €262.”.
(2) This section comes into operation on 2 January 2023.
7. Paternity benefit - new rate
7. (1) Section 61D (amended by section 7 of the Act of 2021) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):
“(b) €262.”.
(2) This section comes into operation on 2 January 2023.
8. Parent’s benefit - new rate
8. (1) Section 61I (amended by section 9 of the Act of 2021) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):
“(b) €262.”.
(2) This section comes into operation on 2 January 2023.
9. Increase in rates of jobseeker’s benefit and jobseeker’s benefit (self-employed) relating to certain reckonable weekly earnings, certain weekly income, certain reckonable weekly income and certain periods
9. (1) Section 65A(1) (amended by section 10(1) of the Act of 2021) of the Principal Act is amended—
(a) in paragraphs (a), (d) and (g), by the substitution of “€98. 70” for “€93.30” in each place where it occurs,
(b) in paragraphs (b), (e) and (h), by the substitution of “€141. 90” for “€134.20” in each place where it occurs, and
(c) in paragraphs (c), (f) and (i), by the substitution of “€172. 30” for “€162.90” in each place where it occurs.
(2) Section 65A(2) (amended by section 10(2) of the Act of 2021) of the Principal Act is amended—
(a) in paragraph (a), by the substitution of “€78. 90” for “€73.70”,
(b) in paragraph (b), by the substitution of “€113. 50” for “€106.00”, and
(c) in paragraph (c), by the substitution of “€137. 80” for “€128.60”.
(3) Section 66(1A) (amended by section 11 of the Act of 2021) of the Principal Act is amended by the substitution of “€94. 50” for “€89. 30”.
(4) Section 68F(1) (inserted by section 5 of the Act of 2019) of the Principal Act is amended—
(a) in paragraph (a), by the substitution of “€98. 70” for “€91.10”,
(b) in paragraph (b), by the substitution of “€141. 90” for “€131.00”, and
(c) in paragraph (c), by the substitution of “€172. 30” for “€159.00”.
(5) Section 68F(2) (inserted by section 5 of the Act of 2019) of the Principal Act is amended—
(a) in paragraph (a), by the substitution of “€78. 90” for “€71.70”,
(b) in paragraph (b), by the substitution of “€113. 50” for “€102.60”, and
(c) in paragraph (c), by the substitution of “€137. 80” for “€124.00”.
(6) Section 68G(2) (inserted by section 5 of the Act of 2019) of the Principal Act is amended by the substitution of “€94. 50” for “€87.20”.
(7) This section comes into operation on 29 December 2022.
10. Working family payment - increased income thresholds
10. (1) The Principal Act is amended by the substitution of the following section for section 228:
“Working family payment
228. Subject to this Act, an allowance (in this Act referred to as ‘working family payment’) 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, €591,
(b) in the case of a family which includes 2 children, €692,
(c) in the case of a family which includes 3 children, €793,
(d) in the case of a family which includes 4 children, €884,
(e) in the case of a family which includes 5 children, €1,010,
(f) in the case of a family which includes 6 children, €1,126,
(g) in the case of a family which includes 7 children, €1,262, or
(h) in the case of a family which includes 8 or more children, €1,358.”.
(2) This section comes into operation on 5 January 2023.
11. Partial capacity benefit - claims
11. Section 241 of the Principal Act is amended, in subsection (2), by the insertion of the following paragraph after paragraph (b):
“(ba) in the case of partial capacity benefit—
(i) where the claim is made before the person commences employment, in respect of any period more than 13 weeks before such commencement, or
(ii) where the claim is made after the person commences employment, in respect of any period more than 3 weeks after such commencement,”.
12. Amendment of section 359A of Principal Act
12. The Principal Act is amended, in section 359A—
(a) by the substitution of the following subsection for subsection (4):
“(4) The Minister shall not be, or be deemed to be, an employer within the meaning of the Terms of Employment (Information) Acts 1994 to 2014 by reason only of—
(a) the provision of funding by him or her to a person pursuant to a scheme or programme provided under this section, or
(b) a payment made by him or her in accordance with subsection (5).”,
and
(b) by the insertion of the following subsection after subsection (4):
“(5) The Minister may, subject to the approval of the Minister for Public Expenditure and Reform, pay from the Exchequer sums agreed in relation to the scheme established and administered by the Minister and known as the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors.”.
13. Social insurance benefits - new rates
13. (1) Schedule 2 (amended by section 19 of the Act of 2021) to the Principal Act is amended by the substitution of the Parts set out in Schedule 1 for Parts 1 to 4 of Schedule 2 to the Principal Act.
(2) This section comes into operation—
(a) in so far as it relates to jobseeker’s benefit and jobseeker’s benefit (self-employed), on 29 December 2022,
(b) in so far as it relates to—
(i) illness benefit,
(ii) health and safety benefit, and
(iii) injury benefit,
on 2 January 2023,
(c) in so far as it relates to—
(i) carer’s benefit,
(ii) invalidity pension, and
(iii) a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1) of the Principal Act,
on 5 January 2023, and
(d) in so far as it relates to—
(i) death benefit under Chapter 13 (other than section 84) of the Principal Act,
(ii) widow’s (contributory) pension,
(iii) widower’s (contributory) pension,
(iv) surviving civil partner’s (contributory) pension,
(v) State pension (contributory),
(vi) guardian’s payment (contributory),
(vii) disablement pension, and
(viii) disablement gratuity,
on 6 January 2023.
14. Rules as to calculation of means
14. (1) Schedule 3 to the Principal Act is amended—
(a) in Rule 1(2)(b)(ix) (amended by section 20(a) of the Act of 2021) of Part 2, by the substitution of “€5,000” for “€2,540” in each place where it occurs, and
(b) in Rule 1(2)(b)(x) (amended by section 20(b) of the Act of 2021) of Part 3, by the substitution of “€5,000” for “€2,540” in each place where it occurs.
(2) This section comes into operation on 1 January 2023.
15. Social assistance payments - new rates
15. (1) Schedule 4 (amended by section 23 of the Act of 2021) to the Principal Act is amended by the substitution of the Parts set out in Schedule 2 for Parts 1 to 3 of Schedule 4 to the Principal Act.
(2) This section comes into operation—
(a) in so far as it relates to—
(i) jobseeker’s allowance (other than where payable in accordance with section 148A of the Principal Act), and
(ii) farm assist,
on 28 December 2022,
(b) in so far as it relates to supplementary welfare allowance, on 2 January 2023,
(c) in so far as it relates to disability allowance, on 4 January 2023,
(d) in so far as it relates to—
(i) one-parent family payment (other than where payable in respect of a widow, widower or surviving civil partner),
(ii) jobseeker’s allowance payable in accordance with section 148A of the Principal Act,
(iii) a payment referred to in paragraph (b) or (c) of the definition of “relevant payment” in section 178(1) of the Principal Act, and
(iv) carer’s allowance,
on 5 January 2023, and
(e) in so far as it relates to—
(i) State pension (non-contributory),
(ii) blind pension,
(iii) guardian’s payment (non-contributory),
(iv) widow’s (non-contributory) pension,
(v) widower’s (non-contributory) pension,
(vi) surviving civil partner’s (non-contributory) pension, and
(vii) one-parent family payment (payable in respect of a widow, widower or surviving civil partner),
on 6 January 2023.
16. Domiciliary care allowance - new rate
16. (1) Part 5 (amended by section 19 of the Social Welfare (Miscellaneous Provisions) Act 2008) of Schedule 4 to the Principal Act is amended by the substitution of “€330. 00” for “€309.50”.
(2) This section comes into operation on 1 January 2023.
17. Amendment of Taxes Consolidation Act 1997
17. The Taxes Consolidation Act 1997 is amended by the insertion of the following section after section 192M:
“Exemption of payments in relation to Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors
192N. (1) A payment made in relation to the Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts.
(2) In this section, ‘Ex-Gratia Scheme for Community Employment Scheme Supervisors and Assistant Supervisors’ shall be construed in accordance with section 359A(5) of the Social Welfare Consolidation Act 2005.”.
18. Short title and construction
18. (1) This Act may be cited as the Social Welfare Act 2022.
(2) The Social Welfare Acts and this Act (other than section 17) shall be construed together as one Act.
SCHEDULE 1 Social Insurance Benefits (New Rates) - Substitution of Parts 1 to 4 of Schedule 2
Section 13
“PART 1
Rates of Periodical Benefits and Increases
| Description of benefit | Weekly rate | Increase for qualified adult (where payable) | Increase for each qualified child aged under 12 years (where payable) | Increase for each qualified child aged 12 years and over (where payable) | Increase where the person is living alone (where payable) | Increase where the person has attained the age of 80 years (where payable) | Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable) |
|---|---|---|---|---|---|---|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| € | € | € | € | € | € | € | |
| 1. Illness Benefit, Jobseeker’s Benefit, Jobseeker’s Benefit (self-employed), Injury Benefit and Health and Safety Benefit | 220.00 | 146.00 | 42.00 | 50.00 | - | - | - |
| 2. Death Benefit: | |||||||
| (a) pension payable to a widow, widower or surviving civil partner (section 81) | 250.50 | - | 42.00 | 50.00 | 22.00 | 10.00 | 20.00 |
| additional increase for a widow, widower or surviving civil partner (under section 81) who has attained pensionable age | 19.20 | - | - | - | - | - | - |
| (b) pension payable to a parent: | |||||||
| (i) reduced rate | - | - | - | - | - | - | - |
| (ii) maximum rate | - | - | - | - | - | - | - |
| (c) pension payable to an orphan | 206.80 | - | - | - | - | - | - |
| 3. State Pension (Contributory): | 265.30 | 176.70 | 42.00 | 50.00 | 22.00 | 10.00 | 20.00 |
| additional increase for a qualified adult who has attained pensionable age | - | 61.10 | - | - | - | - | - |
| 3A. State Pension (Transition): | - | - | - | - | - | - | - |
| additional increase where a qualified adult has attained pensionable age before 2 January 2014 | - | - | - | - | - | - | - |
| 4. Invalidity Pension | 225.50 | 161.10 | 42.00 | 50.00 | 22.00 | 10.00 | 20.00 |
| additional increase where a qualified adult has attained pensionable age before 2 January 2014 | - | 76.70 | - | - | - | - | - |
| 5. Widow’s (Contributory) Pension, Widower’s (Contributory) Pension and Surviving Civil Partner’s (Contributory) Pension and a payment referred to in paragraph (a) of the definition of “relevant payment” in section 178(1): | 225.50 | - | 42.00 | 50.00 | 22.00 | 10.00 | 20.00 |
| additional increase for a beneficiary who has attained pensionable age | 39.80 | - | - | - | - | - | - |
| 6. Guardian’s Payment (Contributory) | 203.00 | - | - | - | - | - | - |
| 7. Carer’s Benefit: | |||||||
| (a) in the case of a person to whom section 102(1)(b) applies | 237.00 | - | 42.00 | 50.00 | - | - | - |
| (b) in the case of a person to whom section 102(1)(a) applies | 355.50 | - | 42.00 | 50.00 | - | - | - |
PART 2
Occupational Injuries Benefits - Gratuities and Grant
| Description of Grant (1) | Amount (2) |
|---|---|
| € | |
| 1. Disablement Benefit: | |
| Maximum gratuity | 17,560 |
| 2. Death Benefit | 850 |
PART 3
Disablement Pension
| Degree of disablement (1) | Weekly rate (2) |
|---|---|
| € | |
| 100 per cent ... ... ... ... | 251.00 |
| 90 per cent ... ... ... ... | 225.90 |
| 80 per cent ... ... ... ... | 200.80 |
| 70 per cent ... ... ... ... | 175.70 |
| 60 per cent ... ... ... ... | 150.60 |
| 50 per cent ... ... ... ... | 125.50 |
| 40 per cent ... ... ... ... | 100.40 |
| 30 per cent ... ... ... ... | 75.30 |
| 20 per cent ... ... ... ... | 50.20 |
PART 4
Increases of Disablement Pension
| Description of Increase | Weekly Rate | Increase for qualified adult (where payable) | Increase for each qualified child aged under 12 years (where payable) | Increase for each qualified child aged 12 years and over (where payable) | Increase where the person is living alone | Increase where the person is ordinarily resident on an island off the coast of Ireland (where payable) |
|---|---|---|---|---|---|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| € | € | € | € | € | € | |
| 1. Increase where the person is permanently incapable of work | 220.00 | 146.00 | 42.00 | 50.00 | 22.00 | 20.00 |
| additional increase for a beneficiary who has attained the age of 66 years | 19.30 | - | - | - | - | - |
| additional increase where the qualified adult has attained the age of 66 years | - | 12.80 | - | - | - | - |
| 2. Increase where the person requires constant attendance | 237.00 | - | - | - | - | - |
”.
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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.