(LRC Revised)

Number 4 of 2005

SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 9 January 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of

Social Welfare and Pensions Act 2005

. It is prepared by the Law Reform Commission in accordance with its function under

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 the

Local Government (Maternity

Protection and Other Measures for Members of Local Authorities) Act 2022

(52/2022), enacted 21 December 2022, and all statutory instruments up to and including

the

Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order

2023

(S.I. No. 1 of 2023), made 9 January 2023, 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

4

of

2005

SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 9 January

2023

ARRANGEMENT OF SECTIONS

PART 1

Short Title, Construction, Collective Citation and Commencement

Section

1.

Short title, construction, collective citation and commencement.

PART 2

Amendments to the Social Welfare Acts

2.

Definitions (

Part 2

).

(Repealed)

3.

Child

benefit — new rates.

(Repealed)

4.

Disability

benefit.

(Repealed)

5.

Injury

benefit — removal of limit.

(Repealed)

6.

Carer's

benefit — improvement to entitlement conditions.

(Repealed)

7.

Respite

care grant — improvements to entitlement conditions.

(Repealed)

8.

Disability

allowance — extension of payment.

(Repealed)

9.

Assessment

of capital means for certain assistance payments.

(Repealed)

10.

Certain

EU payments — entitlement to island allowance.

(Repealed)

11.

Amendments consequential on the alignment of the income tax year with

the calendar year.

(Repealed)

12.

Unemployment benefit and unemployment assistance — amendment to

entitlement.

(Repealed)

13.

Unemployment benefit, unemployment assistance and farm assist —

amendment to disqualifications.

(Repealed)

14.

Carer's

benefit and carer's allowance — amendment.

(Repealed)

15.

Personal

public service number — extension of provisions.

(Repealed)

16.

Award of

bereavement grant and payments after death in certain cases.

(Repealed)

17.

Provisions relating to prosecutions.

(Repealed)

18.

Amendment

of section 2 of Principal Act (interpretation).

(Repealed)

19.

Orphan's

(contributory) allowance and orphan's (non-contributory) pension

— amendments.

(Repealed)

20.

Assessment of means — amendments.

(Repealed)

21.

Recovery

of overpayments.

(Repealed)

22.

Old age

(contributory) pension — amendment to definition of

“homemaker”.

(Repealed)

23.

Amendments to Principal Act consequential on Health Act 2004.

(Repealed)

24.

Third

Schedule to Principal Act (Rules as to calculation of means).

(Repealed)

25.

Amendments consequential on

section 24.

(Repealed)

26.

Pre-consolidation amendments to Principal Act.

(Repealed)

PART 3

Amendments to the Pensions Act 1990

27.

Definitions (

Part 3

).

28.

Amendment of section 2 of Principal Act.

29.

Amendment of section 7A of Principal Act.

30.

Amendment of section 18 of Principal Act.

31.

Funding standard.

32.

Small scheme exemptions.

33.

Amendment of section 59 of Principal Act.

34.

Qualifications of trustees.

35.

Amendment of section 90 of Principal Act.

36.

Amendment to Part VI of Principal Act.

37.

Cross-border schemes.

38.

Amendment of section 111 of Principal Act.

39.

Amendment of section 113 of Principal Act.

SCHEDULE 1

Amendments to Principal Act Consequential on the Health Act 2004

(Repealed)

SCHEDULE 2

Third Schedule — Rules as to Calculation of Means

(Repealed)

SCHEDULE 3

Amendments Consequential on Substitution of Third Schedule of Principal Act

(Repealed)

SCHEDULE 4

Pre-Consolidation Amendments

(Repealed)

SCHEDULE 5

Ninth Schedule — Specified Bodies

(Repealed)

Acts Referred to

Army Pensions Acts 1923 to 1980

Bankruptcy Act 1988

1988, No. 27

Blind Persons Act 1920

1920, c.49

Child Care Act 1991

1991, No. 17

Civil Liability (Amendment) Act 1964

1964, No. 17

Companies Act 1990

1990, No. 33

Connaught Rangers (Pensions) Acts 1936 to 1964

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 5

0

Education Act 1998

1998, No. 5

1

Finance Act 1921

11 & 12 Geo. 5, c.32

Finance Act 1958

1958, No. 25

Fisheries (Consolidation) Act 1959

1959, No. 14

Health (Nursing Homes) Act 1990

1990, No. 23

Health Act 1970

1970, No. 1

Health Act 2004

2004, No. 42

Health Contributions Act 1979

1979, No. 4

Housing (Miscellaneous Provisions) Act 1997

1997, No. 21

Income Tax Act 1967

1967, No. 6

Industrial Training Act 1967

1967, No. 5

Larceny Act 1916

6 & 7 Geo. 5, c.50

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Government Act 2001

2001, No. 37

Mental Health Act 2001

2001, No. 25

Mental Health Acts 1945 to 2001

Mental Treatment Act 1945

1945, No. 19

Mental Treatment Acts 1945 to 1966

Military Service (Pensions) Acts 1924 to 1964

National Council for Education Awards Act 1979

1979, No. 30

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2004

Qualifications (Education and Training) Act 1999

1999, No. 26

Regional Technical Colleges Acts 1992 to 2001

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 1993

1993, No. 32

Social Welfare Act 1992

1992, No. 5

Social Welfare Act 1993

1993, No. 5

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 Acts

Taxes Consolidation Act 1997

1997, No. 39

Universities Acts 1997 and 1999

Vocational Education Act 1930

1930, No. 29

Number

4

of

2005

SOCIAL WELFARE AND PENSIONS ACT 2005

REVISED

Updated to 9 January

2023

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS AND, FOR THE PURPOSE OF GIVING

EFFECT TO DIRECTIVE 2003/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

1

AND FOR OTHER PURPOSES, TO AMEND AND EXTEND THE PENSIONS ACT 1990. [14

th March,

2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

PART 1

Short Title, Construction, Collective Citation and Commencement

Section

1.

Short title, construction, collective citation and commencement.

PART 2

Amendments to the Social Welfare Acts

2.

Definitions (

Part 2

).

(Repealed)

3.

Child

benefit — new rates.

(Repealed)

4.

Disability

benefit.

(Repealed)

5.

Injury

benefit — removal of limit.

(Repealed)

6.

Carer's

benefit — improvement to entitlement conditions.

(Repealed)

7.

Respite

care grant — improvements to entitlement conditions.

(Repealed)

8.

Disability

allowance — extension of payment.

(Repealed)

9.

Assessment

of capital means for certain assistance payments.

(Repealed)

10.

Certain

EU payments — entitlement to island allowance.

(Repealed)

11.

Amendments consequential on the alignment of the income tax year with

the calendar year.

(Repealed)

12.

Unemployment benefit and unemployment assistance — amendment to

entitlement.

(Repealed)

13.

Unemployment benefit, unemployment assistance and farm assist —

amendment to disqualifications.

(Repealed)

14.

Carer's

benefit and carer's allowance — amendment.

(Repealed)

15.

Personal

public service number — extension of provisions.

(Repealed)

16.

Award of

bereavement grant and payments after death in certain cases.

(Repealed)

17.

Provisions relating to prosecutions.

(Repealed)

18.

Amendment

of section 2 of Principal Act (interpretation).

(Repealed)

19.

Orphan's

(contributory) allowance and orphan's (non-contributory) pension

— amendments.

(Repealed)

20.

Assessment of means — amendments.

(Repealed)

21.

Recovery

of overpayments.

(Repealed)

22.

Old age

(contributory) pension — amendment to definition of

“homemaker”.

(Repealed)

23.

Amendments to Principal Act consequential on Health Act 2004.

(Repealed)

24.

Third

Schedule to Principal Act (Rules as to calculation of means).

(Repealed)

25.

Amendments consequential on

section 24.

(Repealed)

26.

Pre-consolidation amendments to Principal Act.

(Repealed)

PART 3

Amendments to the Pensions Act 1990

27.

Definitions (

Part 3

).

28.

Amendment of section 2 of Principal Act.

29.

Amendment of section 7A of Principal Act.

30.

Amendment of section 18 of Principal Act.

31.

Funding standard.

32.

Small scheme exemptions.

33.

Amendment of section 59 of Principal Act.

34.

Qualifications of trustees.

35.

Amendment of section 90 of Principal Act.

36.

Amendment to Part VI of Principal Act.

37.

Cross-border schemes.

38.

Amendment of section 111 of Principal Act.

39.

Amendment of section 113 of Principal Act.

SCHEDULE 1

Amendments to Principal Act Consequential on the Health Act 2004

(Repealed)

SCHEDULE 2

Third Schedule — Rules as to Calculation of Means

(Repealed)

SCHEDULE 3

Amendments Consequential on Substitution of Third Schedule of Principal Act

(Repealed)

SCHEDULE 4

Pre-Consolidation Amendments

(Repealed)

SCHEDULE 5

Ninth Schedule — Specified Bodies

(Repealed)