(LRC Revised)

Number 2 of 2008

SOCIAL WELFARE AND PENSIONS ACT 2008

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 the

Social Welfare and Pensions Act 2008

. 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 the

Local Government (Maternity

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

(52/2022), enacted 21 December 2021, 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

2

of

2008

SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

PART 2

Amendment of Social Welfare Acts

2. Definitions.

3. Child benefit — new rates.

4. Early childcare supplement — increase in rate.

5. Transfer of pension rights to EC institutions scheme.

(Repealed)

6. Illness benefit — improvement.

7. State pension (non-contributory) — improvements.

8. One-parent family payment — increase in income limit and amendment.

9. Respite care grant — increase.

10. Detention in legal custody.

11. State pension (contributory) — homemakers.

12. Blind welfare allowance.

13. Blind welfare allowance — consequential amendments.

14. Blind welfare allowance — commencement and transitional.

15. Domiciliary care allowance.

16. Domiciliary care allowance — consequential amendments.

17. Domiciliary care allowance — commencement and transitional.

18. Supplementary welfare allowance.

19. Claims.

20. Payments to persons other than claimant or beneficiary.

21. Provisions with respect to habitual residence.

22. Proceedings.

23. Schedule 3, Part 2.

24. Supplementary welfare allowance — calculation of weekly means.

25. Amendments of Act of 2007.

PART 3

Amendment of Pensions Act 1990

26. Definitions.

27. Registered administrators.

28. Trustee training.

29. Miscellaneous amendments of Pensions Act 1990.

PART 4

Amendment of Other Acts

30. Amendment of Family Law Act 1995.

31. Amendment of Family Law (Divorce) Act 1996.

SCHEDULE 1

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 2

Formal Amendments of the Pensions Act 1990

Acts Referred to

Blind Persons Act 1920

10 & 11 Geo. 5, c. 49

Children Act 2001

2001, No. 24

Companies Act 1990

1990, No. 33

Criminal Law (Insanity) Act 2006

2006, No. 11

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health Contributions Act 1979

1979, No. 4

Lunacy (Ireland) Act 1821

1 & 2 Geo. 4, c. 33

Mental Health Act 2001

2001, No. 25

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2006

Social Welfare Acts

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5

Taxes Consolidation Act 1997

1997, No. 39

Trial of Lunatics Act 1883

46 & 47 Vic., c. 38

Number

2

of

2008

SOCIAL WELFARE AND PENSIONS ACT 2008

REVISED

Updated to 9 January

2023

AN ACT TO AMEND THE SOCIAL WELFARE ACTS AND THE PENSIONS ACT 1990 AND TO MAKE RELATED

AMENDMENTS OF THE FAMILY LAW ACT 1995 AND THE FAMILY LAW (DIVORCE) ACT 1996.

[7

th March

, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

PART 2

Amendment of Social Welfare Acts

2. Definitions.

3. Child benefit — new rates.

4. Early childcare supplement — increase in rate.

5. Transfer of pension rights to EC institutions scheme.

(Repealed)

6. Illness benefit — improvement.

7. State pension (non-contributory) — improvements.

8. One-parent family payment — increase in income limit and amendment.

9. Respite care grant — increase.

10. Detention in legal custody.

11. State pension (contributory) — homemakers.

12. Blind welfare allowance.

13. Blind welfare allowance — consequential amendments.

14. Blind welfare allowance — commencement and transitional.

15. Domiciliary care allowance.

16. Domiciliary care allowance — consequential amendments.

17. Domiciliary care allowance — commencement and transitional.

18. Supplementary welfare allowance.

19. Claims.

20. Payments to persons other than claimant or beneficiary.

21. Provisions with respect to habitual residence.

22. Proceedings.

23. Schedule 3, Part 2.

24. Supplementary welfare allowance — calculation of weekly means.

25. Amendments of Act of 2007.

PART 3

Amendment of Pensions Act 1990

26. Definitions.

27. Registered administrators.

28. Trustee training.

29. Miscellaneous amendments of Pensions Act 1990.

PART 4

Amendment of Other Acts

30. Amendment of Family Law Act 1995.

31. Amendment of Family Law (Divorce) Act 1996.

SCHEDULE 1

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 2

Formal Amendments of the Pensions Act 1990

Number

2

of

2008