(LRC Revised)

Number 10 of 2009

SOCIAL WELFARE AND PENSIONS ACT 2009

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 2009

. 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 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

10

of

2009

SOCIAL WELFARE AND PENSIONS ACT 2009

REVISED

Updated to 9 January

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and construction.

2. Definitions.

PART 2

Amendments to Social Welfare Acts

3. Employment contributions — amendment to income ceiling.

4. Optional contributions — amendment to income ceiling.

5. Jobseeker’s benefit — amendments.

6. Jobseeker’s allowance — amendments.

7. Supplementary welfare allowance — amendments.

8. Early childcare supplement — amendment.

9. Claims — amendment.

10. Domiciliary care allowance — late claims.

11. Revised rates of payment.

PART 3

Amendment to Health Contributions Act 1979

12. Amendments to Act of 1979.

PART 4

Amendent to the Financial Emergency Measures in the Public Interest Act 2009

13. Amendment of Financial Emergency Measures in the Public Interest Act 2009.

PART 5

Provisions in Relation to Pension Schemes

14. Definition.

15. Amendment of section 41 of Principal Act.

16. Priorities on winding up of relevant scheme.

17. Amendment of section 50 of Principal Act.

18. Power to amend relevant scheme.

19. Power of court to grant relief from liability for breach of trust.

20. Amendment of section 3 of Principal Act.

21. Evidence in proceedings for an offence.

22. Pensions Insolvency Payment Scheme.

23. Collective citation.

Acts Referred to

Child Care Act 1991

1991,No. 17

Children Act 2001

2001,No. 24

Companies Acts

Financial Emergency Measures in the Public Interest Act 2009

2009,No. 5

Health Act 2004

2004,No. 42

Health Contributions Act 1979

1979,No. 4

Housing Act 1988

1988,No. 28

Income Tax Acts

National Treasury Management Agency Act 1990

1990,No. 18

Pensions Act 1990

1990,No. 25

Pensions (Amendment) Act 1996

1996, No. 18

Pensions (Amendment) Act 2002

2002, No. 18

Protection of Employees (Employers’ Insolvency) Act 1984

1984, No. 21

Social Welfare Acts

Social Welfare and Pensions Act 2005

2005,No. 4

Social Welfare and Pensions Act 2007

2007,No. 8

Social Welfare and Pensions Act 2008

2008,No. 2

Social Welfare Consolidation Act 2005

2005,No. 26

Social Welfare Law Reform and Pensions Act 2006

2006,No. 5

Social Welfare (Miscellaneous Provisions) Act 2008

2008, No. 22

Taxes Consolidation Act 1997

1997,No. 39

Number

10

of

2009

SOCIAL WELFARE AND PENSIONS ACT 2009

REVISED

Updated to 9 January

2023

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, THE FINANCIAL EMERGENCY MEASURES

IN THE PUBLIC INTEREST ACT 2009 AND THE HEALTH CONTRIBUTIONS ACT 1979; TO MAKE PROVISION

IN RELATION TO THE PRIORITIES UPON THE WINDING UP OF A PENSION SCHEME AND THE REDUCTION

IN BENEFITS PAYABLE UNDER CERTAIN PENSION SCHEMES; TO PROVIDE FOR THE ADMISSIBILITY

OF CERTAIN DOCUMENTS IN EVIDENCE IN PROCEEDINGS FOR CERTAIN OFFENCES; FOR THOSE PURPOSES

TO AMEND THE PENSIONS ACT 1990; TO ENABLE THE MINISTER FOR FINANCE TO MAKE A SCHEME

PROVIDING FOR THE MAKING OF CERTAIN PAYMENTS IN RESPECT OF CERTAIN INSOLVENT PENSION

SCHEMES; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[29

th April

, 2009]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and construction.

2. Definitions.

PART 2

Amendments to Social Welfare Acts

3. Employment contributions — amendment to income ceiling.

4. Optional contributions — amendment to income ceiling.

5. Jobseeker’s benefit — amendments.

6. Jobseeker’s allowance — amendments.

7. Supplementary welfare allowance — amendments.

8. Early childcare supplement — amendment.

9. Claims — amendment.

10. Domiciliary care allowance — late claims.

11. Revised rates of payment.

PART 3

Amendment to Health Contributions Act 1979

12. Amendments to Act of 1979.

PART 4

Amendent to the Financial Emergency Measures in the Public Interest Act 2009

13. Amendment of Financial Emergency Measures in the Public Interest Act 2009.

PART 5

Provisions in Relation to Pension Schemes

14. Definition.

15. Amendment of section 41 of Principal Act.

16. Priorities on winding up of relevant scheme.

17. Amendment of section 50 of Principal Act.

18. Power to amend relevant scheme.

19. Power of court to grant relief from liability for breach of trust.

20. Amendment of section 3 of Principal Act.

21. Evidence in proceedings for an offence.

22. Pensions Insolvency Payment Scheme.

23. Collective citation.

Number

10

of

2009