IE
(LRC Revised)
Statutory Text (1 Articles)
Number 26 of 2005
SOCIAL WELFARE CONSOLIDATION ACT 2005
REVISED
Updated to 21 January 2026
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the
Social Welfare Consolidation Act 2005
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including
National Training Fund
(Amendment) Act 2025
(21/2025), enacted 23 December 2025, and all statutory
instruments up to and including
Social Welfare (Consolidated Supplementary Welfare
Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2026
(S.I. No.
13 of 2026), made 21 January 2026, were considered in the preparation of this Revised
Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
26
of
2005
SOCIAL WELFARE CONSOLIDATION ACT 2005
REVISED
Updated to 21 January
2026
ARRANGEMENT OF SECTIONS
PART 1
Preliminary
Section
1.
Short title.
2.
Interpretation.
3.
Interpretation generally.
4.
Regulations.
5.
Expenses.
PART 2
Social Insurance
Chapter 1
Social Insurance Fund
6.
Sources of moneys for benefits.
7.
Social Insurance Fund — expenditure on benefit.
8.
Social Insurance Fund — payments to National Training Fund.
8A.
Transfer of pension rights to EC institutions scheme.
(Repealed)
9.
Social Insurance Fund.
10.
Actuarial review.
11.
Payments from Fund for acquisition of land, etc.
Chapter 2
Employed Contributors and Employment Contributions
12.
Employed contributors and insured persons.
13.
Employment contributions.
14.
Modified insurance.
15.
Calculation of reckonable earnings.
16.
Employment by more than one employer.
17.
Payment of contributions and keeping of records.
17A.
Return by employer to Revenue Commissioners.
17B.
Payment date for contributions.
17C.
Covid-19: special warehousing and interest provisions for
contributions.
18.
Priority debts to Social Insurance Fund in a company winding-up.
19.
Winding-up and bankruptcy.
Chapter 3
Self-Employed Contributors and Self-Employment Contributions
20.
Self-employed contributors and insured persons.
21.
Rates of self-employment contributions and related matters.
22.
Regulations providing for determination of contributions payable.
23.
Regulations providing for collection of self-employment contributions, etc.
Chapter 4
Voluntary Contributors and Voluntary Contributions
24.
Voluntary contributors.
25.
Voluntary contributions by former employed contributors.
26.
Voluntary contributions by former self-employed contributors.
27.
Calculation of voluntary contributions.
Chapter 5
Optional Contributors and Optional Contributions
28.
Optional contributors and optional contributions.
29.
Rates of optional contributions and related matters.
30.
Regulations providing for determination of optional contributions payable and related
matters.
Chapter 5A
Contributions by Public Office Holders
30A.
Definitions.
30B.
Contributions by public office holders.
30C.
Payment of contributions into Social Insurance Fund.
30D.
Payment of contributions and keeping of records.
Chapter 5B
Contributions by Certain Employed Contributors
30E.
Application of
Chapter 5B
.
30F.
Contribution payable by person to whom
Chapter 5B
applies.
30G.
Regulations providing for collection of contributions under
Chapter
5B
etc.
Chapter 6
General
31.
Employment outside State.
32.
Regulations varying rates and amounts of contributions.
33.
Exceptions and credits.
34.
Return of contributions paid in error.
34A.
Return of contributions — share-based remuneration.
35.
Return of contributions where entry into insurance occurs after specified age.
36.
Return of employment contributions in respect of certain
seafarers.
37.
Return of contributions — maintenance arrangements.
38.
Return of contributions — payments to personal pensions.
(Repealed)
38A.
Limitation on return of contributions.
38B.
Recovery of redundancy payments.
38BA.
Calculation of certain rates of contribution applicable to part years.
Chapter 6A
Attribution of contributions in respect of certain payments made to address the effects
of Covid-19
38C.
Application of
Chapter 6A
.
38D.
Section 13
: supplemental provisions for purposes of
Chapter.
38E.
Attribution of contributions: certain payments relating to
Covid-19.
38F.
Exchange of information in relation to Chapter.
38G.
Section 13
: additional supplemental provisions for purposes of
Chapter.
Chapter 7
Description of Benefits
39.
Description of benefits.
Chapter 8
Illness Benefit
(
formerly
Disability
Benefit)
40.
Entitlement to benefit.
40A.
Regulations in respect of persons to whom
section 40(7)
applies.
(Operation discontinued)
41.
Conditions for receipt.
42.
Rate of benefit.
43.
Increases for qualified adult and qualified children.
44.
Duration of payment.
45.
Duration of payment (optional contributors).
46.
Disqualifications.
Chapter 8A
Partial Capacity Benefit
46A.
Entitlement to benefit.
46B.
Rates of benefit.
46C.
Duration.
46D.
Regulations.
Chapter 9
Maternity Benefit
47.
Entitlement to and duration of benefit.
48.
Conditions for receipt.
49.
Rate of benefit.
50.
Disqualifications.
51.
Supplementary provisions.
Chapter 10
Health and Safety Benefit
52.
Entitlement to benefit.
53.
Conditions for receipt.
54.
Duration of payment.
55.
Rate of benefit.
56.
Increases for qualified adult and qualified children.
57.
Disqualifications.
Chapter 11
Adoptive Benefit
58.
Entitlement to and duration of adoptive benefit.
59.
Conditions for receipt.
60.
Rates of adoptive benefit.
61.
Disqualification.
Chapter 11A
Paternity Benefit
61A.
Interpretation.
61B.
Entitlement to and duration of benefit.
61C.
Conditions for receipt.
61D.
Rate of benefit.
61E.
Disqualification.
Chapter 11B
Parent’s Benefit
61F.
Interpretation.
61G.
Entitlement to and duration of benefit.
61H.
Conditions for receipt.
61I.
Rate of benefit.
61J.
Disqualification.
Chapter 12
Jobseeker’s Benefit
(
formerly
Unemployment Benefit)
62.
Entitlement to benefit.
62A.
Refusal or failure to attend activation meetings relating to
jobseeker’s benefit.
62B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s benefit.
62C
Giving of notice under
section 62A
or
62B
.
63.
Condition for receipt (optional contributors).
64.
Conditions for receipt.
65.
Rate of benefit.
65A.
Rates of jobseeker’s benefit relating to certain reckonable weekly earnings, certain reckonable weekly
income and certain periods.
66.
Increases for qualified adult and qualified children.
67.
Duration of payment.
68.
Disqualifications.
68A.
Jobseeker’s benefit — disqualification for course of study.
Chapter 12A
Jobseeker’s Benefit (Self-Employed)
68B.
Interpretation.
68C.
Entitlement to benefit and qualifying conditions.
68D.
Conditions for receipt.
68E.
Rate of benefit.
68F.
Rate of jobseeker’s benefit (self-employed) relating to certain
average reckonable weekly earnings and certain periods.
68G.
Increases for qualified adult and qualified children.
68H.
Duration of payment.
68I.
Refusal or failure to attend activation meetings relating to
jobseeker’s benefit (self-employed).
68J.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s benefit (self-employed).
68K.
Disqualifications.
Chapter 12AA
Jobseeker’s pay-related
benefit
68KA.
Definitions (
Chapter 12AA
).
68KB.
Entitlement to benefit.
68KC.
Regulations relevant to
section 68KB
.
68KD.
Conditions for receipt.
68KE.
Rate of benefit.
68KF.
Duration of payment.
68KG.
Refusal or failure to attend activation meetings relating to
jobseeker’s pay related benefit.
68KH.
Refusal or failure to participate in prescribed schemes,
programmes or courses relating to jobseeker’s pay-related
benefit.
68KI.
Disqualifications (jobseeker’s pay-related benefit).
68KJ.
Jobseeker’s pay-related benefit - disqualification for course
of study.
Chapter 12B
Covid-19 pandemic unemployment payment
68L.
Covid-19 pandemic unemployment payment
68M.
Contribution conditions
68N.
Duration of Covid-19 pandemic unemployment payment
68O.
Rate of payment
68P.
Regulations for purposes of Chapter
Chapter 13
Occupational Injuries Benefits
69.
Interpretation.
70.
Occupational injuries insurance.
71.
Insurable (occupational injuries) employment.
72.
Extension of meaning of references to accidents arising out of and in course of employment.
73.
Accidents in illegal employment and accidents outside State.
74.
Injury benefit.
75.
Disablement benefit.
76.
Increase of injury benefit and disablement pension for qualified adult and qualified
children.
77.
Increase of disablement pension on account of incapacity.
77A.
Increase in disablement pension for qualified adult, qualified children etc.
78.
Increase of disablement pension where constant attendance needed.
79.
Adjustments for successive accidents.
80.
Entitlement to death benefit.
81.
Death benefit for bereaved partners and increases for qualified
children, etc.
82.
Death benefit — parents.
(Repealed)
83.
Death benefit — orphans.
84.
Death benefit — funeral expenses.
85.
Supplements to workmen’s compensation payments.
86.
Cost of medical care.
87.
Insurance against prescribed diseases and injuries not caused by accident.
88.
Notice of accidents.
89.
Reporting of accidents by employers.
90.
Declaration that accident is an occupational accident.
91.
Disqualifications for injury benefit or disablement benefit and suspension of proceedings.
92.
Treating person as incapable of work, etc.
93.
Medical treatment.
94.
Rehabilitation.
95.
Research.
96.
Taking account of benefit in assessing damages.
97.
Saver for repeal of Workmen’s Compensation Acts.
98.
Construction of certain references in Local Government (Superannuation) Act 1956.
Chapter 14
Carer’s Benefit
99.
Interpretation.
100.
Entitlement to benefit.
101.
Conditions for receipt.
102.
Rate of benefit.
103.
Duration of payment.
104.
Medical examination.
105.
Payment of benefit.
106.
Disqualification.
107.
Regulations.
Chapter 15
State Pension
(Contributory)
(
formerly
Old Age
(Contributory) Pension)
108.
Entitlement to pension.
108A.
Long-term carer’s qualifying contribution.
109.
Conditions for receipt.
110.
Disregard of self-employment contributions in certain cases.
111.
Rate of pension.
112.
Increases (including increases for qualified adult and qualified children).
113.
Pre-1953 pension.
113A.
Entitlement for invalidity pension recipients.
113B.
Entitlement for retirement pension recipients.
Chapter 16
State Pension
(Transition)
(
formerly
Retirement
Pension)
114.
Entitlement to pension.
115.
Conditions for receipt.
116.
Rate of pension.
117.
Increases (including increases for qualified adult and qualified children).
Chapter 17
Invalidity Pension
118.
Entitlement to pension.
119.
Conditions for receipt.
120.
Contributions paid under the National Health Insurance Acts.
121.
Rate of pension.
122.
Increases (including increases for qualified adult and qualified children).
Chapter 18
Bereaved Partner’s
(Contributory) Pension
(
formerly
Widow’s (Contributory) Pension or Widower’s (Contributory) Pension)
123.
Chapter 18
- Interpretation.
123A.
Qualified cohabitant.
124.
Entitlement to pension.
(Repealed)
124A.
Entitlement to bereaved partner’s pension.
124B.
Operation of
section 124A
and repeal of
section
124
— savers.
125.
Conditions for receipt.
126.
Rate of pension.
127.
Increases (including increases for qualified children).
128.
Disregard of self-employment contributions in certain cases.
129.
Certain claims.
Chapter 19
Guardian’s Payment
(Contributory)
(
formerly
Orphan’s (Contributory) Allowance)
130.
Entitlement to allowance.
131.
Condition for receipt.
132.
Rate of allowance.
133.
Payment of allowance.
Chapter 20
Bereavement Grant
134.
Entitlement to grant.
135.
Conditions for receipt.
136.
Amount of grant.
Chapter 21
Bereaved Parent
Grant
137.
Entitlement to bereaved parent grant.
Chapter 22
Treatment Benefit
138.
General provisions as to benefit.
PART 3
Social Assistance
Chapter 1
Description of Social Assistance
139.
Description of assistance.
Chapter 2
Jobseeker’s
Allowance
(
formerly
Unemployment Assistance)
140.
Interpretation.
141.
Entitlement to assistance.
141A.
Refusal or failure to attend activation meetings relating to
jobseeker’s allowance.
141B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s allowance.
141C.
Giving of notice under
section 141A
or
141B
.
142.
Rates of assistance and effect of means on rates.
142A.
Rates of assistance — ages 18 and 19 years.
142B.
Rates of assistance — ages 22 to 24 years.
(Repealed)
143.
Regulations.
144.
Total amount payable to a couple.
145.
Certain claims.
146.
Amount of increases payable in respect of qualified child in certain cases.
147.
Disqualifications.
148.
Disqualifications — attending a course of study.
148A.
Entitlement to jobseeker’s allowance in certain
circumstances.
Chapter 3
Pre-Retirement Allowance
149.
Entitlement to allowance.
150.
Rate of allowance (including increases for qualified adult and qualified children).
151.
Regulations.
Chapter 4
State Pension
(Non-Contributory)
(
formerly
Old Age
(Non-Contributory) Pension)
152.
Interpretation.
153.
Entitlement to pension.
154.
Statutory conditions.
(Repealed)
155.
Special conditions for receipt of pension.
(Repealed)
156.
Rate of pension and increase for qualified child.
157.
Increases (including increase for one of a couple).
158.
Amount of increases payable in respect of qualified child normally resident with beneficiary.
159.
Rate of pension for persons in receipt of farm assist.
160.
Disqualifications.
Chapter 5
Blind Pension
161.
Interpretation.
161A.
Entitlement to pension.
161B.
Rate of pension.
161C.
Increases including increases for one of a couple.
161D.
Amount of increases payable in respect of a qualified child normally residing with
beneficiary.
161E.
Disqualifications.
Chapter 5A
Blind Welfare Allowance
161F.
Interpretation.
161G.
Entitlement to payment.
161H.
Rate of blind welfare allowance.
161I.
Increases for a qualified child.
161J.
Calculation of means—couples.
161K.
Payment while in an institution.
161L.
Disqualification.
Chapter 6
Bereaved Partner’s
(Non-Contributory) Pension and
Guardian’s Payment
(Non-Contributory)
(
formerly
Widow’s (Non-Contributory) Pension, Widower’s
(Non-Contributory) Pension
and Orphan’s (Non-Contributory) Pension
162.
Interpretation.
163.
Entitlement to pension.
164.
Rate of pension.
165.
Increases.
(Repealed)
166.
Disqualification.
167.
Avoidance of double pension.
167A.
Avoidance of double pensions in relation to surviving civil
partner’s (contributory) pension.
(Repealed)
168.
Entitlement to orphan’s (non-contributory) pension.
169.
Rate of pension.
170.
Civil proceedings.
171.
Payment of pension.
Chapter 7
One-Parent Family Payment
172.
Interpretation.
172A.
Qualified child for purposes of one-parent family
payment.
(Repealed)
173.
Entitlement to payment.
173A.
Entitlement to one-parent family payment where youngest child has attained relevant
age.
173B.
Entitlement to one-parent family payment in certain circumstances.
174.
Rate of allowance and increases for qualified children.
175.
Disqualification.
176.
Continuation of payment — amendment.
177.
Regulations.
178.
Transitional provisions — relevant payments.
178A.
Relevant payments — conditions for receipt.
178B.
One-parent family payment — transitional provisions in certain circumstances where child attains age of 14.
178C.
One-parent family payment — transitional provisions in certain circumstances where child attains relevant age.
178D.
One-parent family payment — continuation following certain disqualifications.
178E.
One-parent family payments — miscellaneous provisions relating to claims made on certain dates.
178F.
Report on one-parent family payment changes.
Chapter 8
Carer’s Allowance
179.
Interpretation.
180.
Entitlement to allowance.
181.
Rate of allowance.
182.
Payment of allowance.
183.
Prescribed relative allowance.
(Repealed)
184.
Entitlement to prescribed relative allowance.
(Repealed)
185.
Medical examination.
186.
Regulations.
186A.
Payment of carer’s allowance in certain circumstances.
Chapter 8A
Domiciliary Care Allowance
186B.
Interpretation.
186C.
Qualified child.
186D.
Qualified person.
186E.
Payments while child is resident in an institution.
186F.
Rate of payment.
186G.
Medical examination.
186H.
Only one domiciliary care allowance payable.
Chapter 9
Supplementary Welfare Allowance
187.
Interpretation.
188.
Definition of qualified child.
189.
Entitlement to supplementary welfare allowance.
190.
Exclusion of persons receiving full-time education.
191.
Exclusion of persons in full-time employment.
192.
Exclusion of persons not habitually resident in the State.
193.
Persons affected by trade disputes.
194.
Administration.
(Repealed)
195.
Conditions for grant of supplementary welfare allowance.
195A.
Refusal or failure to attend activation meetings relating to
supplementary welfare allowance.
195B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to supplementary welfare allowance.
195C.
Giving of notice under
section 195A
or
195B
.
196.
Calculation of supplementary welfare allowance.
197.
Weekly amounts of supplementary welfare allowance for persons of no means.
198.
Weekly or monthly supplements.
198A.
Payment of rent supplement in certain circumstances.
198B.
Offence for failing to provide certain information following payment of
rent supplement under
section 198
.
198C.
Determination of claims for rent supplement under
section
198
.
199.
Disqualifications.
200.
Allowances in kind.
201.
Power to make single payment for exceptional need.
202.
Grant of supplementary welfare allowance in cases of urgency.
203.
Supplementary welfare allowance granted to persons in receipt of certain
Health Service Executive payments.
(Repealed)
204.
Recoupment of supplementary welfare allowance.
205.
Recoupment of supplementary welfare allowance (continued).
206.
Arrangements for burials.
207.
Financing of Health Service Executive expenditure on supplementary welfare allowance.
208.
Transfer of certain property.
Chapter 10
Disability Allowance
209.
Interpretation.
210.
Entitlement to allowance.
211.
Rate of allowance (including increases for qualified adult and qualified children).
212.
Disqualification.
Chapter 11
Farm Assist
213.
Interpretation.
214.
Entitlement to allowance.
215.
Rate of allowance (including increases for qualified adult and qualified children).
216.
Amount of increases payable in respect of qualified child in certain cases.
217.
Total amount payable to a couple.
218.
Disqualifications.
PART 4
Child Benefit
219.
Qualified child.
220.
Qualified person.
220A.
Regulations.
221.
Amounts of child benefit.
221A.
Compensatory payment.
221B.
Additional payment for newborn or adopted child.
222.
Exclusion of child benefit for superannuation or pension purposes.
223.
Payments to persons absent from State.
PART 4A
Early Childcare Supplement
223A.
Entitlement to early childcare supplement.
(Repealed)
223B.
Amount
of early childcare supplement.
(Repealed)
PART 5
Respite Care Grant
224.
Interpretation.
225.
Entitlement to respite care grant.
226.
Medical examination.
PART 6
Family Income Supplement
227.
Interpretation.
228.
Working
family payment.
229.
Rate of supplement.
230.
Period of payment.
230A.
Person
to be regarded as member of one family only.
231.
Person to whom supplement is payable.
232.
Regulations.
233.
Receipt of claims.
PART 7
Continued Payment for Qualified Children
234.
Entitlement to payment.
235.
Weekly rate of payment.
236.
Period of payment.
237.
Disqualification.
238.
Regulations.
PART 7A
Back to Work Family Dividend
238A.
Definitions.
238B.
Entitlement to dividend.
238C.
Duration of dividend.
238D.
Rate
of dividend.
238E.
Regulations.
238F.
Cessation of
Part 7A
.
(Repealed)
PART 8
EU Payments
239.
Certain EU payments — entitlement to island allowance.
PART 8A
Certain Payments — Entitlement to Island Allowance
239A.
Certain payments — entitlement to Island Allowance.
PART 9
General Provisions Relating to Social Insurance, Social Assistance and Insurability
Preliminary
240.
Definition.
Chapter 1
Claims and Payments
241.
Claims.
242.
Payments.
243.
Payment in respect of loss of purchasing power.
244.
Payment to persons other than claimant or beneficiary.
244A.
Information to be supplied by claimants and beneficiaries for profiling and activation
purposes.
245.
Statutory declarations.
246.
Provision with respect to habitual residence.
Chapter 2
Provisions Relating to Entitlement
247.
Avoidance of multiple payments.
247A.
Disqualification for benefit while participating in certain employment programmes.
247B.
Disqualification from certain payments while participating in Community Employment.
247C.
Disqualification from receipt of benefit where identity not
authenticated.
247D.
Disqualification from certain payments where person is resident in
designated accommodation centre.
248.
Payments after death.
249.
Absence from State or imprisonment.
Chapter 3
Appointment and Duties of Social Welfare Inspectors
250.
Social welfare inspectors.
250A.
Information to be furnished by financial institutions.
250B.
Authorised officers.
250C.
Attendance at, and participation in, questioning of detained person by
relevant officers during interview by member of An Garda
Síochána.
Chapter 4
Offences, Miscellaneous Control Provisions and Proceedings
251.
False statements and offences, including offences relating to bodies corporate.
252.
Offences in relation to employment contributions.
253.
Notification by employer or other person of commencement of employment.
254.
Records to be maintained.
255.
Information to be given by employers to Minister.
256.
Application of Probation of Offenders Act 1907.
257.
Penalties.
258.
Failure to keep records.
259.
Loss of benefit due to employer’s default.
260.
Information required by Minister.
261.
Exchange of information.
261A.
Disclosure of certain information to Minister for Enterprise, Trade and Employment,
etc.
262.
Personal public service number.
262A.
Offence.
263.
Public services card.
263A.
Cancellation and surrender of public services card.
263B.
Authentication of identity.
264.
Payment card.
265.
Sharing of information.
266.
Data exchange — provision of education.
267.
Data exchange — sharing of personal public service number.
268.
Data exchange — health provisions.
269.
Data exchange — rented accommodation.
270.
Data exchange — correction of inaccurate information.
271.
Definition of information.
272.
Provisions relating to prosecutions.
273.
Civil proceedings — Criminal Assets Bureau.
274.
Evidence.
274A.
Evidence in proceedings in relation to proving unemployment by electronic communication.
Chapter 5
Alienation of Books and Documents
275.
Application.
276.
Prohibition of alienation of documents.
277.
Avoidance of alienation of documents.
278.
Return of documents on demand.
Chapter 6
Miscellaneous Provisions
279.
Regulations relating to maintenance.
280.
Free certificates.
281.
Stamp duty.
282.
Birth, marriage and death certificates.
(Repealed)
283.
Inalienability.
284.
Means for purpose of Debtors Act (Ireland) 1872.
285.
Exclusion in assessment of damages.
286.
Taking account of disability benefit and invalidity pension in assessing certain damages.
(repealed)
287.
Reciprocal arrangements.
288.
Provision of consultancy, training and contract services, etc.
289.
Administration of social welfare schemes.
289A.
Arrangements with payment service providers.
290.
Budgeting in relation to social welfare payments.
290A.
Budgeting in relation to certain rent payments.
290B.
Limitations on budgeting under
sections 290
and
290A
.
291.
Regulations in relation to unpaid rent.
292.
Regulations varying rates of benefit or assistance.
293.
Effect of means on certain rates of assistance.
294.
Regulations in relation to benefit or assistance.
295.
Application of provisions of this Act, etc., by regulations.
296.
Payment of increases in respect of qualified children.
296A.
Normal residence of qualified child.
297.
Regulations in relation to payment of qualified adult increase in certain cases.
298.
Qualified adult (administrative schemes).
PART 9A
Status of Persons Participating in Certain Employment Programmes
298A.
Status of persons engaged in work experience pursuant to certain placements.
PART 10
Decisions, Appeals and Social Welfare Tribunal
Chapter 1
Deciding Officers and Decisions by Deciding Officers
299.
Appointment of deciding officers and designated persons.
300.
Decisions by deciding officers.
300A.
Opinion of medical assessor.
301.
Revision of decisions by deciding officers.
302.
Effect of revised decisions by deciding officers.
303.
Reference by deciding officer to appeals officer.
Chapter 2
Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers
304.
Appointment of appeals officers.
305.
Chief Appeals Officer.
306.
Reference to High Court.
307.
Appeals to Circuit Court.
308.
Annual report.
309.
Appointment of assessors.
310.
Other functions of Chief Appeals Officer.
311.
Appeals and references to appeals officers.
312.
Supplementary welfare allowance — appeals.
(Repealed)
313.
Power to take evidence on oath.
314.
Notification to persons to attend and give evidence or produce documents at appeal
hearing.
315.
Procedure where assessor appointed.
316.
Award of expenses.
317.
Revision by appeals officer of decision of appeals officer.
318.
Revision by Chief Appeals Officer of decision of appeals officer.
319.
Effect of revised decision by appeals officer.
320.
Decision of appeals officer to be final and conclusive.
321.
Supplementary welfare allowance.
Chapter 3
Supplementary Welfare Allowance — Determinations and Appeals
322.
Determination of entitlement to supplementary welfare allowance.
(Repealed)
323.
Appeals from certain determinations.
324.
Revision of determination of entitlement to supplementary welfare allowance.
325.
Effect of revised determination by employee of Health Service Executive.
Chapter 4
General Provisions Relating to Decisions and Appeals
326.
Appeals — oral hearings.
327.
Appeals to High Court.
327A.
Appeals to High Court by Minister.
328.
Certificate by deciding officer, appeals officer or designated person.
329.
Revision to include revision consisting of reversal.
330.
Regulations.
Chapter 5
Social Welfare Tribunal
331.
Application for adjudication by Social Welfare Tribunal.
332.
Adjudications by Social Welfare Tribunal.
333.
Social Welfare Tribunal.
PART 11
Overpayments, Repayments, Suspension of Payment, etc.
333A.
Interpretation (Part 11).
334.
Interim payments and suspension of payment.
335.
Overpayments.
336.
Repayment of benefit, assistance, etc., overpaid.
337.
Liability to repay where person convicted of offence.
338.
Recovery of debts.
339.
Distribution of assets.
340.
Recovery of payments from financial institutions.
341.
Recovery of sums due by civil proceedings or by deduction from other payments.
342.
Repayment of amounts due to be deferred, suspended, reduced or cancelled.
342A.
Repayment of amounts due arising from false or misleading statements or wilful concealment
of facts.
343.
Effect of decision for purposes of proceedings.
PART 11A
Attachment
343A.
Interpretation.
343B.
Person
to whom notice of attachment may be given.
343C.
Circumstances of overpaid person.
343D.
Proposal to give a notice of attachment.
343E.
Attachment of earnings.
343F.
Attachment of money in financial institution.
343FA.
Attachment of money from State.
343G.
Dispute.
343H.
Notice
of attachment.
343I.
Revocation of notice of attachment.
343J.
Supplemental matters relating to notices of attachment.
343K.
Offences.
PART 11B
Recovery of Certain Benefits and Assistance
343L.
Interpretation.
343M.
Application of Part.
343N.
Specified period.
343O.
Specified benefits.
343P.
Application for statement of recoverable benefits.
343PA.
Issuing of statements and revised statements of recoverable benefits by
Minister..
343PB.
Transfer of personal data, under
Part 11B
, to compensator in
United Kingdom
343Q.
Period
of validity of statements and revised statements of recoverable
benefits.
343R.
Obligation to pay recoverable benefits.
343S.
Reduction of compensation payment to injured person.
343T.
Discharge of liability to injured person.
343U.
Refund
to compensator where specified benefit not paid.
343V.
Appeal
under
section 311
.
343W.
More
than one compensator making compensation payment.
343X.
Transitional arrangements.
PART 12
Liability to Maintain Family
344.
Interpretation.
(Repealed)
345.
Liability to maintain family.
(Repealed)
346.
Contribution towards benefit or allowance.
(Repealed)
347.
Attachment of earnings order.
(Repealed)
348.
Employer’s obligations in relation to attachment of earnings
order.
(Repealed)
349.
Payments under attachment of earnings order.
(Repealed)
350.
Powers
of District Court.
(Repealed)
351.
Changes
in employment.
(Repealed)
352.
Determinations by District Court.
(Repealed)
353.
Liable
relative in service of State.
(Repealed)
354.
Discharge, variation or lapse of attachment of earnings order.
(Repealed)
355.
Cesser.
(Repealed)
356.
Offences.
(Repealed)
357.
Payments under order of court to offset contributions.
(Repealed)
358.
Recipient of benefit or allowance to transfer to competent authority
payments under order of court.
(Repealed)
359.
Investigations by Health Service Executive.
(Repealed)
PART 12A
Employment schemes and other schemes and programmes
359A.
Functions of Minister in relation to employment schemes and related schemes and programmes.
359B.
Discrimination on grounds of age in relation to employment schemes and
other schemes and programmes.
PART 13
Commencement, Repeals and Continuance
360.
Repeals.
361.
Continuity of repealed enactments.
362.
Continuance of officers, instruments and documents.
363.
Continuity of insurance under old codes.
364.
Commencement.
SCHEDULE 1
EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS
PART 1
Employments
PART 2
Excepted Employments
PART 3
Excepted Self-Employed Contributors
SCHEDULE 2
RATES OF BENEFITS
PART 1
Rates of Periodical Benefits and Increases
PART 2
Occupational Injuries Benefits — Gratuities and Grant
PART 3
Disablement Pension
PART 4
Increases of Disablement Pension
PART 5
Bereavement Grant
PART 6
Covid-19 Pandemic Unemployment Payment
SCHEDULE 3
RULES AS TO CALCULATION OF MEANS
PART 1
Definitions
PART 2
Unemployment Assistance, Pre-Retirement Allowance, Disability Allowance and Farm Assist
PART 3
State Pension (Non-Contributory)
PART 4
Supplementary Welfare Allowance
PART 5
Blind Pension, Widow’s (Non-Contributory) Pension,
Widower’s (Non-Contributory) Pension, Orphan’s (Non-Contributory) Pension,
One-Parent Family Payment and Carer’s Allowance
SCHEDULE 4
RATES OF ASSISTANCE
PART 1
Rates of Periodical Social Assistance and Increases
PART 2
Increase Of State Pension (Non-Contributory) For One Of A Couple Where Spouse Has
Not Attained Pensionable Age
PART 3
Increase Of Blind Pension For One Of A Couple Where Spouse Has Not Attained Pensionable
Age
PART 4
Amounts of Child Benefit During The Period Beginning on 1 January
2013 and Expiring on 31 December 2013
(Repealed)
PART 5
Amount of Domiciliary Care Allowance
PART 6
Amounts of Child Benefit
(Repealed)
SCHEDULE 5
SPECIFIED BODIES
SCHEDULE 5A
SPECIFIED WEEKLY PAYMENTS
SCHEDULE 6
COMMENCEMENT OF CERTAIN PROVISIONS
SCHEDULE 7
ENACTMENTS REPEALED
Annotations
Editorial Notes
E1
The following chapter
headings were not the subject of specific amendment by
Social Welfare Law
Reform and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and
3—
(
a
) "Disability
Benefit", immediately before s. 40;
(
b
) "Unemployment
Benefit", immediately before s. 62;
(
c
) "Old Age
(Contributory) Pension", immediately before s. 108;
(
d
) "Retirement
Pension", immediately before s. 114;
(
e
) "Orphan’s
(Contributory) Allowance", immediately before s. 130;
(
f
) "Unemployment
Assistance", immediately before s. 140;
(
g
) "State Pension
(Non-Contributory)", immediately before s. 152;
nor were the following
chapter headings amended by
Social Welfare (Bereaved Partner’s Pension and
Miscellaneous Provisions) Act 2025
(8/2025)—
(
h
) "Widow’s
(Contributory) Pension or Widower’s (Contributory) Pension)", immediately
before s. 123;
(
i
) "Widow’s
(Non-Contributory) Pension, Widower’s( Non-Contributory) Pension and Orphan’s
(Non-Contributory) Pension", immediately before s. 162.
This was presumably
because of
Interpretation Act 2005
(23/2005), s. 18(
g
), which
provides that—
Marginal and shoulder notes, etc.
Subject to section 7, none of the
following shall be taken to be part of the enactment or be construed or
judicially noticed in relation to the construction or interpretation of the
enactment
(i) a marginal note placed
at the side, or a shoulder note placed at the beginning, of a section or other
provision to indicate the subject, contents or effect of the section or
provision,
(ii) a heading or
cross-line placed in or at the head of or at the beginning of a Part, Chapter,
section, or other provision or group of sections or provisions to indicate the
subject, contents or effect of the Part, Chapter, section, provision or
group;
To assist with the intelligibility
of this Revised Act these chapter heading have, nonetheless, been changed to
what appears above. This Editorial Decision was taken—
1. To avoid the confusion which
would result from leaving the headings unchanged, when—
(
a
) the
terms—
• “illness benefit” had
been substituted for “disability benefit”;
• “jobseeker’s benefit”
had been substituted for “unemployment benefit”;
• “State pension
(contributory)” had been substituted for “old age (contributory) pension”;
• “State pension
(transition)” had been substituted for “retirement pension”;
• “guardian’s payment
(contributory)” had been substituted for “orphan’s (contributory)
allowance”;
• “jobseeker’s
allowance” had been substituted for “unemployment assistance”;
• “State pension
(non-contributory)” had been substituted for “old age (non-contributory)
pension”;
• “guardian’s payment
(non-contributory)” had been substituted for “orphan’s (non-contributory)
pension”;
by
Social Welfare Law Reform
and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and 3, and by
Social Welfare (Miscellaneous Provisions) Act 2023
(37/2023), ss. 10
and 16, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005);
(
b
) the
terms—
• “bereaved partner’s
(contributory) pension” had been substituted for “widow’s (contributory)
pension, widower’s (contributory) pension, surviving civil partner’s
(contributory) pension”;
• “bereaved partner’s
(non-contributory) pension” had been substituted for “widow’s
(non-contributory) pension, widower’s (non-contributory) pension or surviving
civil partner’s (non-contributory) pension”;
by
Social Welfare (Bereaved
Partner’s Pension and Miscellaneous Provisions) Act 2025
(8/2025), s.
17, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005).
2. Having regard to the following
stipulations in
Social Welfare Law Reform and Pensions Act 2006
(5/2006), ss. 4(2), 4(3), 4(4), 4(6), 4(7) and 4(8)—
Renaming of certain social
welfare schemes.
4.
—(1) ...
(2) Every reference in any Act
or in any instrument made under any Act to disability benefit shall be read as
a reference to illness benefit.
(3) Every reference in any Act
or in any instrument made under any Act to old age (contributory) pension shall
be read as a reference to State pension (contributory).
(4) Every reference in any Act
or in any instrument made under any Act to orphan’s (contributory) allowance
shall be read as a reference to guardian’s payment (contributory).
(5) ...
(6) Every reference in any Act
or in any instrument made under any Act to retirement pension shall be read as
a reference to State pension (transition).
(7) Every reference in any Act
or in any instrument made under any Act to unemployment benefit shall be read
as a reference to jobseeker’s benefit.
(8) Every reference in any Act
or in any instrument made under any Act to unemployment assistance shall be
read as a reference to jobseeker’s allowance.
Acts Referred to
Adoption Act 1991
1991, No. 14
Adoption Act 1998
1998, No. 10
Adoption Acts 1952 to 1998
Adoptive Leave Act 1995
1995, No. 2
Agriculture Act 1931
1931, No. 8
Aliens Act 1935
1935, No. 14
Army Pensions Acts 1923 to 1980
Bankruptcy Act 1988
1988, No. 27
Blind Persons Act 1920
10 & 11, Geo. 5, c. 49
Building Societies Act 1989
1989, No. 17
Central Bank Act 1971
1971, No. 24
Child Care Act 1991
1991, No. 17
Civil Legal Aid Act 1995
1995, No. 32
Civil Liability (Amendment) Act 1964
1964, No. 17
Civil Liability Act 1961
1961, No. 41
Companies Act 1963
1963, No. 33
Companies Acts 1963 to 2005
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Connaught Rangers (Pensions) Acts 1936 to 1964
Consumer Credit Act 1995
1995, No. 24
Courts (No. 2) Act 1986
1986, No. 26
Criminal Assets Bureau Act 1996
1996, No. 31
Criminal Justice (Theft and Fraud Offences) Act 2001
2001, No. 5
0
Data Protection Act 1988
1988, No. 25
Debtors (Ireland) Act 1872
35 & 36, Vic., c. 57
Dublin Institute of Technology Act 1992
1992, No. 15
Education Act 1998
1998, No. 5
1
Employment Agency Act 1971
1971, No. 27
Enforcement of Court Orders Act 1926
1926, No. 18
Enforcement of Court Orders Act 1940
1940, No. 23
Family Law (Maintenance of Spouses and Children) Act 1976
1976, No. 11
Family Law Act 1995
1995, No. 26
Fatal Injuries Act 1956
1956, No. 3
Finance Act 2003
2003, No. 3
Fire Services Act 1981
1981, No. 30
Fisheries (Consolidation) Act 1959
1959, No. 14
Garda Síochána (Compensation) Acts 1941 to 2003
Guardianship of Infants Act 1964
1964, No. 7
Harbours Act 1946
1946, No. 9
Health (Eastern Regional Health Authority) Act 1999
1999, No. 13
Health (Nursing Homes) Act 1990
1990, No. 23
Health (Provision of Information) Act 1997
1997, No. 9
Health Act 1947
1947, No. 28
Health Act 1953
1953, No. 26
Health Act 1970
1970, No. 1
Health Acts 1947 to 2005
Health Authorities Act 1960
1960, No. 9
Health Contributions Act 1979
1979, No. 4
Higher Education Authority Act 1971
1971, No. 22
Housing (Miscellaneous Provisions) Act 1992
1992, No. 18
Housing (Miscellaneous Provisions) Act 1997
1997, No. 21
Housing (Miscellaneous Provisions) Act 2002
2002, No. 9
Housing (Private Rented Dwellings) Act 1982
1982, No. 6
Housing Act 1966
1966, No. 21
Housing Act 1988
1988, No. 28
Immigration Act 2004
2004, No. 1
Income Tax Acts
Industrial Training Act 1967
1967, No. 5
Interpretation Act 1937
1937, No. 38
Judicial Separation and Family Law Reform Act 1989
1989, No. 6
Larceny Act 1916
6 & 7 Geo. 5, c. 50
Local Authorities (Higher Education Grants) Act 1992
1992, No. 19
Local Authorities (Higher Education Grants) Act 1968
1968, No. 24
Local Authorities (Higher Education Grants) Acts 1968 to 1992
Local Government (Superannuation) Act 1956
1956, No. 10
Local Government Act 2001
2001, No. 37
Maternity Protection Act 1994
1994, No. 34
Medical Practitioners Act 1978
1978, No. 4
Mental Treatment Act 1945
1945, No. 19
Mental Health Acts 1945 to 2001
Merchant Shipping Act 1894
57 & 58 Vic., c. 60
Military Service Pensions Acts 1924 to 1964
National Archives Act 1986
1986, No. 11
National Insurance Act 1911
1 & 2, Geo. 5, c. 55
National Health Insurance Acts 1911 to 1952
National Training Fund Act 2000
2000, No. 41
Pensions Act 1990
1990, No. 25
Pilotage Act 1913
2 & 3, Geo. 5, c. 31
Post Office Savings Bank Acts 1861 to 1958
Probation of Offenders Act 1907
7, Edw. 7, c. 17
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2004
Public Assistance Act 1939
1939, No. 27
Qualifications (Education and Training) Act 1999
1999, No. 26
Redundancy Payment Act 2003
2003, No. 14
Redundancy Payments Acts 1967 to 2003
Refugee Act 1996
1996, No. 17
Regional Technical Colleges Act 1992
1992, No. 16
Regional Technical Colleges Acts 1992 to 2001
Road Traffic Act 1961
1961, No. 24
Social Welfare Acts
Social Welfare (Consolidation) Act 1981
1981, No. 1
Social Welfare (Consolidation) Act 1993
1993, No. 27
Social Welfare (Miscellaneous Provisions) Act 2002
2002, No. 8
Social Welfare (Miscellaneous Provisions) Act 2003
2003, No. 4
Social Welfare (Miscellaneous Provisions) Act 2004
2004, No. 9
Social Welfare (No. 2) Act 1989
1989, No. 12
Social Welfare (No. 2) Act 1993
1993, No. 32
Social Welfare (No. 2) Act 1995
1995, No. 23
Social Welfare (No. 2) Act 2001
2001, No. 5
1
Social Welfare (Occupational Injuries) Act 1966
1966, No. 16
Social Welfare (Supplementary Welfare Allowances) Act 1975
1975, No. 28
Social Welfare Act 1952
1952, No. 11
Social Welfare Act 1973
1973, No. 10
Social Welfare Act 1975
1975, No. 1
Social Welfare Act 1990
1990, No. 5
Social Welfare Act 1994
1994, No. 4
Social Welfare Act 1995
1995, No. 3
Social Welfare Act 1996
1996, No. 7
Social Welfare Act 1997
1997, No. 10
Social Welfare Act 1998
1998, No. 6
Social Welfare Act 1999
1999, No. 3
Social Welfare Act 2000
2000, No. 4
Social Welfare Act 2001
2001, No. 5
Social Welfare Act 2002
2002, No. 31
Social Welfare Act 2003
2003, No. 41
Social Welfare Act 2004
2004, No. 41
Social Welfare and Pensions Act 2005
2005, No. 4
Status of Children Act 1987
1987, No. 26
Statutory Declarations Act 1938
1938, No. 37
Superannuation Act 1936
1936, No. 39
Tax Acts
Taxes Consolidation Act 1997
1997, No. 39
Terms of Employment (Information) Act 1994
1994, No. 5
Trustee Savings Banks Act 1989
1989, No. 21
Unemployment Insurance Act 1920
10 & 11, Geo. 5, c. 55
Universities Acts 1997 and 1999
Vocational Education Act 1930
1930, No. 29
Widows’ and Orphans’ Pensions Act 1935
1935, No. 29
Workmen’s Compensation Act 1906
6, Edw. 7, c. 58
Workmen’s Compensation Act 1934
1934, No. 9
Workmen’s Compensation Acts
Workmen’s Compensation Acts 1934 to 1955
Youth Employment Agency Act 1981
1981, No. 32
Number
26
of
2005
SOCIAL WELFARE CONSOLIDATION ACT 2005
REVISED
Updated to 21 January
2026
AN ACT TO CONSOLIDATE THE SOCIAL WELFARE ACTS.
[27
th November
, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Amendments
F1
Substituted (21.12.1995) by
Energy (Miscellaneous Provisions) Act 1995
(35/1995), s. 4(4)(
a
),
commenced on enactment.
Modifications (not altering text)
C1
Application of Act
clarified (18.04.2019 and 7.07.2021) by
Data Sharing and Governance Act
2019
(5/2019), s. 7, commenced for certain purposes by S.I. No. 189 of
2019, art. 2(
d
) and commenced for remaining purposes by S.I. No. 334 of
2021, art. 2.
Interaction with Social Welfare
Consolidation Act 2005
7.
(1) Subject to
subsection (2), this Act, other than Part 5 and Chapter 3 of Part 9, does not
affect the operation of the Act of 2005.
(2) Notwithstanding section
262(6)(b) of the Act of 2005, a specified body (in this section referred to as the
“first mentioned specified body”) may, subject to subsection (3), disclose the
information comprised in a person’s public service identity to another specified
body (in this section referred to as the “second mentioned specified body”), where
the information is disclosed in accordance with this Act.
(3) The first mentioned specified
body may not disclose the information comprised in a person’s public service
identity to the second mentioned specified body for the purpose specified
in section 13 (2)(a)(ii)(VIII).
(4) The reference in subsections
(2) and (3) to the disclosure of the information referred to in those subsections
includes the accessing of that information by the second mentioned specified body
where that information is contained in a base registry in respect of which the
first mentioned specified body is the base registry owner.
(5) In this section—
“specified body” has the same
meaning as it has in section 262 of the Act of 2005;
“public service identity” has the
same meaning as it has in section 262 of the Act of 2005, subject to the
modification that the reference, in the definition of that phrase in subsection
(1) of that section, to information specified in subsection (3) of that section
shall not include a reference to special categories of personal data.
C2
Power to modify Act vested in Minister (11.06.1968) by
Continental
Shelf Act 1968
(14/1968), s.10, commenced on enactment.
Application of Social Welfare Acts, 1952 to 1967.
10.
—The Minister for Social Welfare may by regulations make provision for—
F1
[
(
a
)treating as insurable
employment for all or any of the purposes of the Social Welfare Acts any
employment prescribed by the regulations which is employment in connection
with
—
(i) the exploitation of
the resources mentioned in section 2(1) of this Act,
(ii) the exploration of the sea bed or subsoil in any designated area, or
(iii) the operation of a pipe-line or cable for
—
(I) the transport or transmission of an energy product derived from resources as aforesaid,
(II) the transport or transmission of an energy product to or from the State,
being a pipe-line or cable situate in a designated area,
notwithstanding that such
employment is not employment in the
State,
]
(
b
) treating as
insurable (occupational injuries) employment for the purposes of those Acts any
such employment, and
(
c
) modifying the
provisions of those Acts in their application in the case of persons in such
employment.
Annotations
Editorial Notes
E1
The following chapter
headings were not the subject of specific amendment by
Social Welfare Law
Reform and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and
3—
(
a
) "Disability
Benefit", immediately before s. 40;
(
b
) "Unemployment
Benefit", immediately before s. 62;
(
c
) "Old Age
(Contributory) Pension", immediately before s. 108;
(
d
) "Retirement
Pension", immediately before s. 114;
(
e
) "Orphan’s
(Contributory) Allowance", immediately before s. 130;
(
f
) "Unemployment
Assistance", immediately before s. 140;
(
g
) "State Pension
(Non-Contributory)", immediately before s. 152;
nor were the following
chapter headings amended by
Social Welfare (Bereaved Partner’s Pension and
Miscellaneous Provisions) Act 2025
(8/2025)—
(
h
) "Widow’s
(Contributory) Pension or Widower’s (Contributory) Pension)", immediately
before s. 123;
(
i
) "Widow’s
(Non-Contributory) Pension, Widower’s( Non-Contributory) Pension and Orphan’s
(Non-Contributory) Pension", immediately before s. 162.
This was presumably
because of
Interpretation Act 2005
(23/2005), s. 18(
g
), which
provides that—
Marginal and shoulder notes, etc.
Subject to section 7, none of the
following shall be taken to be part of the enactment or be construed or
judicially noticed in relation to the construction or interpretation of the
enactment
(i) a marginal note placed
at the side, or a shoulder note placed at the beginning, of a section or other
provision to indicate the subject, contents or effect of the section or
provision,
(ii) a heading or
cross-line placed in or at the head of or at the beginning of a Part, Chapter,
section, or other provision or group of sections or provisions to indicate the
subject, contents or effect of the Part, Chapter, section, provision or
group;
To assist with the intelligibility
of this Revised Act these chapter heading have, nonetheless, been changed to
what appears above. This Editorial Decision was taken—
1. To avoid the confusion which
would result from leaving the headings unchanged, when—
(
a
) the
terms—
• “illness benefit” had
been substituted for “disability benefit”;
• “jobseeker’s benefit”
had been substituted for “unemployment benefit”;
• “State pension
(contributory)” had been substituted for “old age (contributory) pension”;
• “State pension
(transition)” had been substituted for “retirement pension”;
• “guardian’s payment
(contributory)” had been substituted for “orphan’s (contributory)
allowance”;
• “jobseeker’s
allowance” had been substituted for “unemployment assistance”;
• “State pension
(non-contributory)” had been substituted for “old age (non-contributory)
pension”;
• “guardian’s payment
(non-contributory)” had been substituted for “orphan’s (non-contributory)
pension”;
by
Social Welfare Law Reform
and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and 3, and by
Social Welfare (Miscellaneous Provisions) Act 2023
(37/2023), ss. 10
and 16, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005);
(
b
) the
terms—
• “bereaved partner’s
(contributory) pension” had been substituted for “widow’s (contributory)
pension, widower’s (contributory) pension, surviving civil partner’s
(contributory) pension”;
• “bereaved partner’s
(non-contributory) pension” had been substituted for “widow’s
(non-contributory) pension, widower’s (non-contributory) pension or surviving
civil partner’s (non-contributory) pension”;
by
Social Welfare (Bereaved
Partner’s Pension and Miscellaneous Provisions) Act 2025
(8/2025), s.
17, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005).
2. Having regard to the following
stipulations in
Social Welfare Law Reform and Pensions Act 2006
(5/2006), ss. 4(2), 4(3), 4(4), 4(6), 4(7) and 4(8)—
Renaming of certain social
welfare schemes.
4.
—(1) ...
(2) Every reference in any Act
or in any instrument made under any Act to disability benefit shall be read as
a reference to illness benefit.
(3) Every reference in any Act
or in any instrument made under any Act to old age (contributory) pension shall
be read as a reference to State pension (contributory).
(4) Every reference in any Act
or in any instrument made under any Act to orphan’s (contributory) allowance
shall be read as a reference to guardian’s payment (contributory).
(5) ...
(6) Every reference in any Act
or in any instrument made under any Act to retirement pension shall be read as
a reference to State pension (transition).
(7) Every reference in any Act
or in any instrument made under any Act to unemployment benefit shall be read
as a reference to jobseeker’s benefit.
(8) Every reference in any Act
or in any instrument made under any Act to unemployment assistance shall be
read as a reference to jobseeker’s allowance.
PART 1
Preliminary
Section
1.
Short title.
2.
Interpretation.
3.
Interpretation generally.
4.
Regulations.
5.
Expenses.
PART 2
Social Insurance
Chapter 1
Social Insurance Fund
6.
Sources of moneys for benefits.
7.
Social Insurance Fund — expenditure on benefit.
8.
Social Insurance Fund — payments to National Training Fund.
8A.
Transfer of pension rights to EC institutions scheme.
(Repealed)
9.
Social Insurance Fund.
10.
Actuarial review.
11.
Payments from Fund for acquisition of land, etc.
Chapter 2
Employed Contributors and Employment Contributions
12.
Employed contributors and insured persons.
13.
Employment contributions.
14.
Modified insurance.
15.
Calculation of reckonable earnings.
16.
Employment by more than one employer.
17.
Payment of contributions and keeping of records.
17A.
Return by employer to Revenue Commissioners.
17B.
Payment date for contributions.
17C.
Covid-19: special warehousing and interest provisions for
contributions.
18.
Priority debts to Social Insurance Fund in a company winding-up.
19.
Winding-up and bankruptcy.
Chapter 3
Self-Employed Contributors and Self-Employment Contributions
20.
Self-employed contributors and insured persons.
21.
Rates of self-employment contributions and related matters.
22.
Regulations providing for determination of contributions payable.
23.
Regulations providing for collection of self-employment contributions, etc.
Chapter 4
Voluntary Contributors and Voluntary Contributions
24.
Voluntary contributors.
25.
Voluntary contributions by former employed contributors.
26.
Voluntary contributions by former self-employed contributors.
27.
Calculation of voluntary contributions.
Chapter 5
Optional Contributors and Optional Contributions
28.
Optional contributors and optional contributions.
29.
Rates of optional contributions and related matters.
30.
Regulations providing for determination of optional contributions payable and related
matters.
Chapter 5A
Contributions by Public Office Holders
30A.
Definitions.
30B.
Contributions by public office holders.
30C.
Payment of contributions into Social Insurance Fund.
30D.
Payment of contributions and keeping of records.
Chapter 5B
Contributions by Certain Employed Contributors
30E.
Application of
Chapter 5B
.
30F.
Contribution payable by person to whom
Chapter 5B
applies.
30G.
Regulations providing for collection of contributions under
Chapter
5B
etc.
Chapter 6
General
31.
Employment outside State.
32.
Regulations varying rates and amounts of contributions.
33.
Exceptions and credits.
34.
Return of contributions paid in error.
34A.
Return of contributions — share-based remuneration.
35.
Return of contributions where entry into insurance occurs after specified age.
36.
Return of employment contributions in respect of certain
seafarers.
37.
Return of contributions — maintenance arrangements.
38.
Return of contributions — payments to personal pensions.
(Repealed)
38A.
Limitation on return of contributions.
38B.
Recovery of redundancy payments.
38BA.
Calculation of certain rates of contribution applicable to part years.
Chapter 6A
Attribution of contributions in respect of certain payments made to address the effects
of Covid-19
38C.
Application of
Chapter 6A
.
38D.
Section 13
: supplemental provisions for purposes of
Chapter.
38E.
Attribution of contributions: certain payments relating to
Covid-19.
38F.
Exchange of information in relation to Chapter.
38G.
Section 13
: additional supplemental provisions for purposes of
Chapter.
Chapter 7
Description of Benefits
39.
Description of benefits.
Chapter 8
Illness Benefit
(
formerly
Disability
Benefit)
40.
Entitlement to benefit.
40A.
Regulations in respect of persons to whom
section 40(7)
applies.
(Operation discontinued)
41.
Conditions for receipt.
42.
Rate of benefit.
43.
Increases for qualified adult and qualified children.
44.
Duration of payment.
45.
Duration of payment (optional contributors).
46.
Disqualifications.
Chapter 8A
Partial Capacity Benefit
46A.
Entitlement to benefit.
46B.
Rates of benefit.
46C.
Duration.
46D.
Regulations.
Chapter 9
Maternity Benefit
47.
Entitlement to and duration of benefit.
48.
Conditions for receipt.
49.
Rate of benefit.
50.
Disqualifications.
51.
Supplementary provisions.
Chapter 10
Health and Safety Benefit
52.
Entitlement to benefit.
53.
Conditions for receipt.
54.
Duration of payment.
55.
Rate of benefit.
56.
Increases for qualified adult and qualified children.
57.
Disqualifications.
Chapter 11
Adoptive Benefit
58.
Entitlement to and duration of adoptive benefit.
59.
Conditions for receipt.
60.
Rates of adoptive benefit.
61.
Disqualification.
Chapter 11A
Paternity Benefit
61A.
Interpretation.
61B.
Entitlement to and duration of benefit.
61C.
Conditions for receipt.
61D.
Rate of benefit.
61E.
Disqualification.
Chapter 11B
Parent’s Benefit
61F.
Interpretation.
61G.
Entitlement to and duration of benefit.
61H.
Conditions for receipt.
61I.
Rate of benefit.
61J.
Disqualification.
Chapter 12
Jobseeker’s Benefit
(
formerly
Unemployment Benefit)
62.
Entitlement to benefit.
62A.
Refusal or failure to attend activation meetings relating to
jobseeker’s benefit.
62B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s benefit.
62C
Giving of notice under
section 62A
or
62B
.
63.
Condition for receipt (optional contributors).
64.
Conditions for receipt.
65.
Rate of benefit.
65A.
Rates of jobseeker’s benefit relating to certain reckonable weekly earnings, certain reckonable weekly
income and certain periods.
66.
Increases for qualified adult and qualified children.
67.
Duration of payment.
68.
Disqualifications.
68A.
Jobseeker’s benefit — disqualification for course of study.
Chapter 12A
Jobseeker’s Benefit (Self-Employed)
68B.
Interpretation.
68C.
Entitlement to benefit and qualifying conditions.
68D.
Conditions for receipt.
68E.
Rate of benefit.
68F.
Rate of jobseeker’s benefit (self-employed) relating to certain
average reckonable weekly earnings and certain periods.
68G.
Increases for qualified adult and qualified children.
68H.
Duration of payment.
68I.
Refusal or failure to attend activation meetings relating to
jobseeker’s benefit (self-employed).
68J.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s benefit (self-employed).
68K.
Disqualifications.
Chapter 12AA
Jobseeker’s pay-related
benefit
68KA.
Definitions (
Chapter 12AA
).
68KB.
Entitlement to benefit.
68KC.
Regulations relevant to
section 68KB
.
68KD.
Conditions for receipt.
68KE.
Rate of benefit.
68KF.
Duration of payment.
68KG.
Refusal or failure to attend activation meetings relating to
jobseeker’s pay related benefit.
68KH.
Refusal or failure to participate in prescribed schemes,
programmes or courses relating to jobseeker’s pay-related
benefit.
68KI.
Disqualifications (jobseeker’s pay-related benefit).
68KJ.
Jobseeker’s pay-related benefit - disqualification for course
of study.
Chapter 12B
Covid-19 pandemic unemployment payment
68L.
Covid-19 pandemic unemployment payment
68M.
Contribution conditions
68N.
Duration of Covid-19 pandemic unemployment payment
68O.
Rate of payment
68P.
Regulations for purposes of Chapter
Chapter 13
Occupational Injuries Benefits
69.
Interpretation.
70.
Occupational injuries insurance.
71.
Insurable (occupational injuries) employment.
72.
Extension of meaning of references to accidents arising out of and in course of employment.
73.
Accidents in illegal employment and accidents outside State.
74.
Injury benefit.
75.
Disablement benefit.
76.
Increase of injury benefit and disablement pension for qualified adult and qualified
children.
77.
Increase of disablement pension on account of incapacity.
77A.
Increase in disablement pension for qualified adult, qualified children etc.
78.
Increase of disablement pension where constant attendance needed.
79.
Adjustments for successive accidents.
80.
Entitlement to death benefit.
81.
Death benefit for bereaved partners and increases for qualified
children, etc.
82.
Death benefit — parents.
(Repealed)
83.
Death benefit — orphans.
84.
Death benefit — funeral expenses.
85.
Supplements to workmen’s compensation payments.
86.
Cost of medical care.
87.
Insurance against prescribed diseases and injuries not caused by accident.
88.
Notice of accidents.
89.
Reporting of accidents by employers.
90.
Declaration that accident is an occupational accident.
91.
Disqualifications for injury benefit or disablement benefit and suspension of proceedings.
92.
Treating person as incapable of work, etc.
93.
Medical treatment.
94.
Rehabilitation.
95.
Research.
96.
Taking account of benefit in assessing damages.
97.
Saver for repeal of Workmen’s Compensation Acts.
98.
Construction of certain references in Local Government (Superannuation) Act 1956.
Chapter 14
Carer’s Benefit
99.
Interpretation.
100.
Entitlement to benefit.
101.
Conditions for receipt.
102.
Rate of benefit.
103.
Duration of payment.
104.
Medical examination.
105.
Payment of benefit.
106.
Disqualification.
107.
Regulations.
Chapter 15
State Pension
(Contributory)
(
formerly
Old Age
(Contributory) Pension)
108.
Entitlement to pension.
108A.
Long-term carer’s qualifying contribution.
109.
Conditions for receipt.
110.
Disregard of self-employment contributions in certain cases.
111.
Rate of pension.
112.
Increases (including increases for qualified adult and qualified children).
113.
Pre-1953 pension.
113A.
Entitlement for invalidity pension recipients.
113B.
Entitlement for retirement pension recipients.
Chapter 16
State Pension
(Transition)
(
formerly
Retirement
Pension)
114.
Entitlement to pension.
115.
Conditions for receipt.
116.
Rate of pension.
117.
Increases (including increases for qualified adult and qualified children).
Chapter 17
Invalidity Pension
118.
Entitlement to pension.
119.
Conditions for receipt.
120.
Contributions paid under the National Health Insurance Acts.
121.
Rate of pension.
122.
Increases (including increases for qualified adult and qualified children).
Chapter 18
Bereaved Partner’s
(Contributory) Pension
(
formerly
Widow’s (Contributory) Pension or Widower’s (Contributory) Pension)
123.
Chapter 18
- Interpretation.
123A.
Qualified cohabitant.
124.
Entitlement to pension.
(Repealed)
124A.
Entitlement to bereaved partner’s pension.
124B.
Operation of
section 124A
and repeal of
section
124
— savers.
125.
Conditions for receipt.
126.
Rate of pension.
127.
Increases (including increases for qualified children).
128.
Disregard of self-employment contributions in certain cases.
129.
Certain claims.
Chapter 19
Guardian’s Payment
(Contributory)
(
formerly
Orphan’s (Contributory) Allowance)
130.
Entitlement to allowance.
131.
Condition for receipt.
132.
Rate of allowance.
133.
Payment of allowance.
Chapter 20
Bereavement Grant
134.
Entitlement to grant.
135.
Conditions for receipt.
136.
Amount of grant.
Chapter 21
Bereaved Parent
Grant
137.
Entitlement to bereaved parent grant.
Chapter 22
Treatment Benefit
138.
General provisions as to benefit.
PART 3
Social Assistance
Chapter 1
Description of Social Assistance
139.
Description of assistance.
Chapter 2
Jobseeker’s
Allowance
(
formerly
Unemployment Assistance)
140.
Interpretation.
141.
Entitlement to assistance.
141A.
Refusal or failure to attend activation meetings relating to
jobseeker’s allowance.
141B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to jobseeker’s allowance.
141C.
Giving of notice under
section 141A
or
141B
.
142.
Rates of assistance and effect of means on rates.
142A.
Rates of assistance — ages 18 and 19 years.
142B.
Rates of assistance — ages 22 to 24 years.
(Repealed)
143.
Regulations.
144.
Total amount payable to a couple.
145.
Certain claims.
146.
Amount of increases payable in respect of qualified child in certain cases.
147.
Disqualifications.
148.
Disqualifications — attending a course of study.
148A.
Entitlement to jobseeker’s allowance in certain
circumstances.
Chapter 3
Pre-Retirement Allowance
149.
Entitlement to allowance.
150.
Rate of allowance (including increases for qualified adult and qualified children).
151.
Regulations.
Chapter 4
State Pension
(Non-Contributory)
(
formerly
Old Age
(Non-Contributory) Pension)
152.
Interpretation.
153.
Entitlement to pension.
154.
Statutory conditions.
(Repealed)
155.
Special conditions for receipt of pension.
(Repealed)
156.
Rate of pension and increase for qualified child.
157.
Increases (including increase for one of a couple).
158.
Amount of increases payable in respect of qualified child normally resident with beneficiary.
159.
Rate of pension for persons in receipt of farm assist.
160.
Disqualifications.
Chapter 5
Blind Pension
161.
Interpretation.
161A.
Entitlement to pension.
161B.
Rate of pension.
161C.
Increases including increases for one of a couple.
161D.
Amount of increases payable in respect of a qualified child normally residing with
beneficiary.
161E.
Disqualifications.
Chapter 5A
Blind Welfare Allowance
161F.
Interpretation.
161G.
Entitlement to payment.
161H.
Rate of blind welfare allowance.
161I.
Increases for a qualified child.
161J.
Calculation of means—couples.
161K.
Payment while in an institution.
161L.
Disqualification.
Chapter 6
Bereaved Partner’s
(Non-Contributory) Pension and
Guardian’s Payment
(Non-Contributory)
(
formerly
Widow’s (Non-Contributory) Pension, Widower’s
(Non-Contributory) Pension
and Orphan’s (Non-Contributory) Pension
162.
Interpretation.
163.
Entitlement to pension.
164.
Rate of pension.
165.
Increases.
(Repealed)
166.
Disqualification.
167.
Avoidance of double pension.
167A.
Avoidance of double pensions in relation to surviving civil
partner’s (contributory) pension.
(Repealed)
168.
Entitlement to orphan’s (non-contributory) pension.
169.
Rate of pension.
170.
Civil proceedings.
171.
Payment of pension.
Chapter 7
One-Parent Family Payment
172.
Interpretation.
172A.
Qualified child for purposes of one-parent family
payment.
(Repealed)
173.
Entitlement to payment.
173A.
Entitlement to one-parent family payment where youngest child has attained relevant
age.
173B.
Entitlement to one-parent family payment in certain circumstances.
174.
Rate of allowance and increases for qualified children.
175.
Disqualification.
176.
Continuation of payment — amendment.
177.
Regulations.
178.
Transitional provisions — relevant payments.
178A.
Relevant payments — conditions for receipt.
178B.
One-parent family payment — transitional provisions in certain circumstances where child attains age of 14.
178C.
One-parent family payment — transitional provisions in certain circumstances where child attains relevant age.
178D.
One-parent family payment — continuation following certain disqualifications.
178E.
One-parent family payments — miscellaneous provisions relating to claims made on certain dates.
178F.
Report on one-parent family payment changes.
Chapter 8
Carer’s Allowance
179.
Interpretation.
180.
Entitlement to allowance.
181.
Rate of allowance.
182.
Payment of allowance.
183.
Prescribed relative allowance.
(Repealed)
184.
Entitlement to prescribed relative allowance.
(Repealed)
185.
Medical examination.
186.
Regulations.
186A.
Payment of carer’s allowance in certain circumstances.
Chapter 8A
Domiciliary Care Allowance
186B.
Interpretation.
186C.
Qualified child.
186D.
Qualified person.
186E.
Payments while child is resident in an institution.
186F.
Rate of payment.
186G.
Medical examination.
186H.
Only one domiciliary care allowance payable.
Chapter 9
Supplementary Welfare Allowance
187.
Interpretation.
188.
Definition of qualified child.
189.
Entitlement to supplementary welfare allowance.
190.
Exclusion of persons receiving full-time education.
191.
Exclusion of persons in full-time employment.
192.
Exclusion of persons not habitually resident in the State.
193.
Persons affected by trade disputes.
194.
Administration.
(Repealed)
195.
Conditions for grant of supplementary welfare allowance.
195A.
Refusal or failure to attend activation meetings relating to
supplementary welfare allowance.
195B.
Refusal or failure to participate in prescribed schemes, programmes or
courses relating to supplementary welfare allowance.
195C.
Giving of notice under
section 195A
or
195B
.
196.
Calculation of supplementary welfare allowance.
197.
Weekly amounts of supplementary welfare allowance for persons of no means.
198.
Weekly or monthly supplements.
198A.
Payment of rent supplement in certain circumstances.
198B.
Offence for failing to provide certain information following payment of
rent supplement under
section 198
.
198C.
Determination of claims for rent supplement under
section
198
.
199.
Disqualifications.
200.
Allowances in kind.
201.
Power to make single payment for exceptional need.
202.
Grant of supplementary welfare allowance in cases of urgency.
203.
Supplementary welfare allowance granted to persons in receipt of certain
Health Service Executive payments.
(Repealed)
204.
Recoupment of supplementary welfare allowance.
205.
Recoupment of supplementary welfare allowance (continued).
206.
Arrangements for burials.
207.
Financing of Health Service Executive expenditure on supplementary welfare allowance.
208.
Transfer of certain property.
Chapter 10
Disability Allowance
209.
Interpretation.
210.
Entitlement to allowance.
211.
Rate of allowance (including increases for qualified adult and qualified children).
212.
Disqualification.
Chapter 11
Farm Assist
213.
Interpretation.
214.
Entitlement to allowance.
215.
Rate of allowance (including increases for qualified adult and qualified children).
216.
Amount of increases payable in respect of qualified child in certain cases.
217.
Total amount payable to a couple.
218.
Disqualifications.
PART 4
Child Benefit
219.
Qualified child.
220.
Qualified person.
220A.
Regulations.
221.
Amounts of child benefit.
221A.
Compensatory payment.
221B.
Additional payment for newborn or adopted child.
222.
Exclusion of child benefit for superannuation or pension purposes.
223.
Payments to persons absent from State.
PART 4A
Early Childcare Supplement
223A.
Entitlement to early childcare supplement.
(Repealed)
223B.
Amount
of early childcare supplement.
(Repealed)
PART 5
Respite Care Grant
224.
Interpretation.
225.
Entitlement to respite care grant.
226.
Medical examination.
PART 6
Family Income Supplement
227.
Interpretation.
228.
Working
family payment.
229.
Rate of supplement.
230.
Period of payment.
230A.
Person
to be regarded as member of one family only.
231.
Person to whom supplement is payable.
232.
Regulations.
233.
Receipt of claims.
PART 7
Continued Payment for Qualified Children
234.
Entitlement to payment.
235.
Weekly rate of payment.
236.
Period of payment.
237.
Disqualification.
238.
Regulations.
PART 7A
Back to Work Family Dividend
238A.
Definitions.
238B.
Entitlement to dividend.
238C.
Duration of dividend.
238D.
Rate
of dividend.
238E.
Regulations.
238F.
Cessation of
Part 7A
.
(Repealed)
PART 8
EU Payments
239.
Certain EU payments — entitlement to island allowance.
PART 8A
Certain Payments — Entitlement to Island Allowance
239A.
Certain payments — entitlement to Island Allowance.
PART 9
General Provisions Relating to Social Insurance, Social Assistance and Insurability
Preliminary
240.
Definition.
Chapter 1
Claims and Payments
241.
Claims.
242.
Payments.
243.
Payment in respect of loss of purchasing power.
244.
Payment to persons other than claimant or beneficiary.
244A.
Information to be supplied by claimants and beneficiaries for profiling and activation
purposes.
245.
Statutory declarations.
246.
Provision with respect to habitual residence.
Chapter 2
Provisions Relating to Entitlement
247.
Avoidance of multiple payments.
247A.
Disqualification for benefit while participating in certain employment programmes.
247B.
Disqualification from certain payments while participating in Community Employment.
247C.
Disqualification from receipt of benefit where identity not
authenticated.
247D.
Disqualification from certain payments where person is resident in
designated accommodation centre.
248.
Payments after death.
249.
Absence from State or imprisonment.
Chapter 3
Appointment and Duties of Social Welfare Inspectors
250.
Social welfare inspectors.
250A.
Information to be furnished by financial institutions.
250B.
Authorised officers.
250C.
Attendance at, and participation in, questioning of detained person by
relevant officers during interview by member of An Garda
Síochána.
Chapter 4
Offences, Miscellaneous Control Provisions and Proceedings
251.
False statements and offences, including offences relating to bodies corporate.
252.
Offences in relation to employment contributions.
253.
Notification by employer or other person of commencement of employment.
254.
Records to be maintained.
255.
Information to be given by employers to Minister.
256.
Application of Probation of Offenders Act 1907.
257.
Penalties.
258.
Failure to keep records.
259.
Loss of benefit due to employer’s default.
260.
Information required by Minister.
261.
Exchange of information.
261A.
Disclosure of certain information to Minister for Enterprise, Trade and Employment,
etc.
262.
Personal public service number.
262A.
Offence.
263.
Public services card.
263A.
Cancellation and surrender of public services card.
263B.
Authentication of identity.
264.
Payment card.
265.
Sharing of information.
266.
Data exchange — provision of education.
267.
Data exchange — sharing of personal public service number.
268.
Data exchange — health provisions.
269.
Data exchange — rented accommodation.
270.
Data exchange — correction of inaccurate information.
271.
Definition of information.
272.
Provisions relating to prosecutions.
273.
Civil proceedings — Criminal Assets Bureau.
274.
Evidence.
274A.
Evidence in proceedings in relation to proving unemployment by electronic communication.
Chapter 5
Alienation of Books and Documents
275.
Application.
276.
Prohibition of alienation of documents.
277.
Avoidance of alienation of documents.
278.
Return of documents on demand.
Chapter 6
Miscellaneous Provisions
279.
Regulations relating to maintenance.
280.
Free certificates.
281.
Stamp duty.
282.
Birth, marriage and death certificates.
(Repealed)
283.
Inalienability.
284.
Means for purpose of Debtors Act (Ireland) 1872.
285.
Exclusion in assessment of damages.
286.
Taking account of disability benefit and invalidity pension in assessing certain damages.
(repealed)
287.
Reciprocal arrangements.
288.
Provision of consultancy, training and contract services, etc.
289.
Administration of social welfare schemes.
289A.
Arrangements with payment service providers.
290.
Budgeting in relation to social welfare payments.
290A.
Budgeting in relation to certain rent payments.
290B.
Limitations on budgeting under
sections 290
and
290A
.
291.
Regulations in relation to unpaid rent.
292.
Regulations varying rates of benefit or assistance.
293.
Effect of means on certain rates of assistance.
294.
Regulations in relation to benefit or assistance.
295.
Application of provisions of this Act, etc., by regulations.
296.
Payment of increases in respect of qualified children.
296A.
Normal residence of qualified child.
297.
Regulations in relation to payment of qualified adult increase in certain cases.
298.
Qualified adult (administrative schemes).
PART 9A
Status of Persons Participating in Certain Employment Programmes
298A.
Status of persons engaged in work experience pursuant to certain placements.
PART 10
Decisions, Appeals and Social Welfare Tribunal
Chapter 1
Deciding Officers and Decisions by Deciding Officers
299.
Appointment of deciding officers and designated persons.
300.
Decisions by deciding officers.
300A.
Opinion of medical assessor.
301.
Revision of decisions by deciding officers.
302.
Effect of revised decisions by deciding officers.
303.
Reference by deciding officer to appeals officer.
Chapter 2
Appeals Officers, Chief Appeals Officer and Decisions by Appeals Officers
304.
Appointment of appeals officers.
305.
Chief Appeals Officer.
306.
Reference to High Court.
307.
Appeals to Circuit Court.
308.
Annual report.
309.
Appointment of assessors.
310.
Other functions of Chief Appeals Officer.
311.
Appeals and references to appeals officers.
312.
Supplementary welfare allowance — appeals.
(Repealed)
313.
Power to take evidence on oath.
314.
Notification to persons to attend and give evidence or produce documents at appeal
hearing.
315.
Procedure where assessor appointed.
316.
Award of expenses.
317.
Revision by appeals officer of decision of appeals officer.
318.
Revision by Chief Appeals Officer of decision of appeals officer.
319.
Effect of revised decision by appeals officer.
320.
Decision of appeals officer to be final and conclusive.
321.
Supplementary welfare allowance.
Chapter 3
Supplementary Welfare Allowance — Determinations and Appeals
322.
Determination of entitlement to supplementary welfare allowance.
(Repealed)
323.
Appeals from certain determinations.
324.
Revision of determination of entitlement to supplementary welfare allowance.
325.
Effect of revised determination by employee of Health Service Executive.
Chapter 4
General Provisions Relating to Decisions and Appeals
326.
Appeals — oral hearings.
327.
Appeals to High Court.
327A.
Appeals to High Court by Minister.
328.
Certificate by deciding officer, appeals officer or designated person.
329.
Revision to include revision consisting of reversal.
330.
Regulations.
Chapter 5
Social Welfare Tribunal
331.
Application for adjudication by Social Welfare Tribunal.
332.
Adjudications by Social Welfare Tribunal.
333.
Social Welfare Tribunal.
PART 11
Overpayments, Repayments, Suspension of Payment, etc.
333A.
Interpretation (Part 11).
334.
Interim payments and suspension of payment.
335.
Overpayments.
336.
Repayment of benefit, assistance, etc., overpaid.
337.
Liability to repay where person convicted of offence.
338.
Recovery of debts.
339.
Distribution of assets.
340.
Recovery of payments from financial institutions.
341.
Recovery of sums due by civil proceedings or by deduction from other payments.
342.
Repayment of amounts due to be deferred, suspended, reduced or cancelled.
342A.
Repayment of amounts due arising from false or misleading statements or wilful concealment
of facts.
343.
Effect of decision for purposes of proceedings.
PART 11A
Attachment
343A.
Interpretation.
343B.
Person
to whom notice of attachment may be given.
343C.
Circumstances of overpaid person.
343D.
Proposal to give a notice of attachment.
343E.
Attachment of earnings.
343F.
Attachment of money in financial institution.
343FA.
Attachment of money from State.
343G.
Dispute.
343H.
Notice
of attachment.
343I.
Revocation of notice of attachment.
343J.
Supplemental matters relating to notices of attachment.
343K.
Offences.
PART 11B
Recovery of Certain Benefits and Assistance
343L.
Interpretation.
343M.
Application of Part.
343N.
Specified period.
343O.
Specified benefits.
343P.
Application for statement of recoverable benefits.
343PA.
Issuing of statements and revised statements of recoverable benefits by
Minister..
343PB.
Transfer of personal data, under
Part 11B
, to compensator in
United Kingdom
343Q.
Period
of validity of statements and revised statements of recoverable
benefits.
343R.
Obligation to pay recoverable benefits.
343S.
Reduction of compensation payment to injured person.
343T.
Discharge of liability to injured person.
343U.
Refund
to compensator where specified benefit not paid.
343V.
Appeal
under
section 311
.
343W.
More
than one compensator making compensation payment.
343X.
Transitional arrangements.
PART 12
Liability to Maintain Family
344.
Interpretation.
(Repealed)
345.
Liability to maintain family.
(Repealed)
346.
Contribution towards benefit or allowance.
(Repealed)
347.
Attachment of earnings order.
(Repealed)
348.
Employer’s obligations in relation to attachment of earnings
order.
(Repealed)
349.
Payments under attachment of earnings order.
(Repealed)
350.
Powers
of District Court.
(Repealed)
351.
Changes
in employment.
(Repealed)
352.
Determinations by District Court.
(Repealed)
353.
Liable
relative in service of State.
(Repealed)
354.
Discharge, variation or lapse of attachment of earnings order.
(Repealed)
355.
Cesser.
(Repealed)
356.
Offences.
(Repealed)
357.
Payments under order of court to offset contributions.
(Repealed)
358.
Recipient of benefit or allowance to transfer to competent authority
payments under order of court.
(Repealed)
359.
Investigations by Health Service Executive.
(Repealed)
PART 12A
Employment schemes and other schemes and programmes
359A.
Functions of Minister in relation to employment schemes and related schemes and programmes.
359B.
Discrimination on grounds of age in relation to employment schemes and
other schemes and programmes.
PART 13
Commencement, Repeals and Continuance
360.
Repeals.
361.
Continuity of repealed enactments.
362.
Continuance of officers, instruments and documents.
363.
Continuity of insurance under old codes.
364.
Commencement.
SCHEDULE 1
EMPLOYMENTS, EXCEPTED EMPLOYMENTS AND EXCEPTED SELF-EMPLOYED CONTRIBUTORS
PART 1
Employments
PART 2
Excepted Employments
PART 3
Excepted Self-Employed Contributors
SCHEDULE 2
RATES OF BENEFITS
PART 1
Rates of Periodical Benefits and Increases
PART 2
Occupational Injuries Benefits — Gratuities and Grant
PART 3
Disablement Pension
PART 4
Increases of Disablement Pension
PART 5
Bereavement Grant
PART 6
Covid-19 Pandemic Unemployment Payment
SCHEDULE 3
RULES AS TO CALCULATION OF MEANS
PART 1
Definitions
PART 2
Unemployment Assistance, Pre-Retirement Allowance, Disability Allowance and Farm Assist
PART 3
State Pension (Non-Contributory)
PART 4
Supplementary Welfare Allowance
PART 5
Blind Pension, Widow’s (Non-Contributory) Pension,
Widower’s (Non-Contributory) Pension, Orphan’s (Non-Contributory) Pension,
One-Parent Family Payment and Carer’s Allowance
SCHEDULE 4
RATES OF ASSISTANCE
PART 1
Rates of Periodical Social Assistance and Increases
PART 2
Increase Of State Pension (Non-Contributory) For One Of A Couple Where Spouse Has
Not Attained Pensionable Age
PART 3
Increase Of Blind Pension For One Of A Couple Where Spouse Has Not Attained Pensionable
Age
PART 4
Amounts of Child Benefit During The Period Beginning on 1 January
2013 and Expiring on 31 December 2013
(Repealed)
PART 5
Amount of Domiciliary Care Allowance
PART 6
Amounts of Child Benefit
(Repealed)
SCHEDULE 5
SPECIFIED BODIES
SCHEDULE 5A
SPECIFIED WEEKLY PAYMENTS
SCHEDULE 6
COMMENCEMENT OF CERTAIN PROVISIONS
SCHEDULE 7
ENACTMENTS REPEALED
Annotations
Editorial Notes
E1
The following chapter
headings were not the subject of specific amendment by
Social Welfare Law
Reform and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and
3—
(
a
) "Disability
Benefit", immediately before s. 40;
(
b
) "Unemployment
Benefit", immediately before s. 62;
(
c
) "Old Age
(Contributory) Pension", immediately before s. 108;
(
d
) "Retirement
Pension", immediately before s. 114;
(
e
) "Orphan’s
(Contributory) Allowance", immediately before s. 130;
(
f
) "Unemployment
Assistance", immediately before s. 140;
(
g
) "State Pension
(Non-Contributory)", immediately before s. 152;
nor were the following
chapter headings amended by
Social Welfare (Bereaved Partner’s Pension and
Miscellaneous Provisions) Act 2025
(8/2025)—
(
h
) "Widow’s
(Contributory) Pension or Widower’s (Contributory) Pension)", immediately
before s. 123;
(
i
) "Widow’s
(Non-Contributory) Pension, Widower’s( Non-Contributory) Pension and Orphan’s
(Non-Contributory) Pension", immediately before s. 162.
This was presumably
because of
Interpretation Act 2005
(23/2005), s. 18(
g
), which
provides that—
Marginal and shoulder notes, etc.
Subject to section 7, none of the
following shall be taken to be part of the enactment or be construed or
judicially noticed in relation to the construction or interpretation of the
enactment
(i) a marginal note placed
at the side, or a shoulder note placed at the beginning, of a section or other
provision to indicate the subject, contents or effect of the section or
provision,
(ii) a heading or
cross-line placed in or at the head of or at the beginning of a Part, Chapter,
section, or other provision or group of sections or provisions to indicate the
subject, contents or effect of the Part, Chapter, section, provision or
group;
To assist with the intelligibility
of this Revised Act these chapter heading have, nonetheless, been changed to
what appears above. This Editorial Decision was taken—
1. To avoid the confusion which
would result from leaving the headings unchanged, when—
(
a
) the
terms—
• “illness benefit” had
been substituted for “disability benefit”;
• “jobseeker’s benefit”
had been substituted for “unemployment benefit”;
• “State pension
(contributory)” had been substituted for “old age (contributory) pension”;
• “State pension
(transition)” had been substituted for “retirement pension”;
• “guardian’s payment
(contributory)” had been substituted for “orphan’s (contributory)
allowance”;
• “jobseeker’s
allowance” had been substituted for “unemployment assistance”;
• “State pension
(non-contributory)” had been substituted for “old age (non-contributory)
pension”;
• “guardian’s payment
(non-contributory)” had been substituted for “orphan’s (non-contributory)
pension”;
by
Social Welfare Law Reform
and Pensions Act 2006
(5/2006), ss. 4(1), 17, schs. 1 and 3, and by
Social Welfare (Miscellaneous Provisions) Act 2023
(37/2023), ss. 10
and 16, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005);
(
b
) the
terms—
• “bereaved partner’s
(contributory) pension” had been substituted for “widow’s (contributory)
pension, widower’s (contributory) pension, surviving civil partner’s
(contributory) pension”;
• “bereaved partner’s
(non-contributory) pension” had been substituted for “widow’s
(non-contributory) pension, widower’s (non-contributory) pension or surviving
civil partner’s (non-contributory) pension”;
by
Social Welfare (Bereaved
Partner’s Pension and Miscellaneous Provisions) Act 2025
(8/2025), s.
17, in all other instances where those second-mentioned terms were used in
Social Welfare Consolidation Act 2005
(26/2005).
2. Having regard to the following
stipulations in
Social Welfare Law Reform and Pensions Act 2006
(5/2006), ss. 4(2), 4(3), 4(4), 4(6), 4(7) and 4(8)—
Renaming of certain social
welfare schemes.
4.
—(1) ...
(2) Every reference in any Act
or in any instrument made under any Act to disability benefit shall be read as
a reference to illness benefit.
(3) Every reference in any Act
or in any instrument made under any Act to old age (contributory) pension shall
be read as a reference to State pension (contributory).
(4) Every reference in any Act
or in any instrument made under any Act to orphan’s (contributory) allowance
shall be read as a reference to guardian’s payment (contributory).
(5) ...
(6) Every reference in any Act
or in any instrument made under any Act to retirement pension shall be read as
a reference to State pension (transition).
(7) Every reference in any Act
or in any instrument made under any Act to unemployment benefit shall be read
as a reference to jobseeker’s benefit.
(8) Every reference in any Act
or in any instrument made under any Act to unemployment assistance shall be
read as a reference to jobseeker’s allowance.
Number
26
of
2005