(LRC Revised)

Number 28 of 2010

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018

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 (Miscellaneous Provisions) Act 2010

. 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

Finance Act 2017

(41/2017), enacted 25 December 2017, and all statutory instruments up to and including

Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018

(S.I. No. 1 of 2018), made 4 January 2018, 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

28

of

2010

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

PART 2

Amendments to Social Welfare Acts

3. Normal residence of qualified child — amendments.

4. Amendment to section 3 of Principal Act.

5. Limitation on the return of contributions — amendment.

6. Amendment to section 40 of Principal Act.

7. Jobseeker’s benefit — disqualification for course of study.

8. Incapacity supplement — amendment.

9. Jobseeker’s allowance — assessment of means.

10. Jobseeker’s allowance — amendment.

11. Pre-retirement allowance — assessment of means.

12. Disability allowance — amendment.

13. Farm assist — assessment of means.

14. Qualified person — amendment.

15. Amendment to section 320 of Principal Act.

16. Appeals to High Court — amendment.

17. Amendment to Schedule 3 to Principal Act.

18. Jobseeker’s benefit — reduction of rates in certain circumstances.

(Repealed)

19. Jobseeker’s allowance — reduction of rates in certain circumstances.

(Repealed)

20. Supplementary welfare allowance — reduction of weekly amount in certain circumstances.

(Repealed)

21. Rates of assistance — amendment.

22. Appointment of appeals officers — amendment.

23. Chief Appeals Officer — amendment.

24. Miscellaneous amendments to Principal Act.

25. One-parent family payment — amendments.

26. Domiciliary care allowance — amendment.

PART 3

(Repealed)

Functions of Minister Relating to An Foras Áiseanna Saothair

27. Interpretation.

(Repealed)

28. Advances by Minister to An Foras.

(Repealed)

29. Request by Minister to An Foras for reports and information.

(Repealed)

30. Directions by Minister to An Foras.

(Repealed)

PART 4

Assistance for Employment and Certain Schemes Providing Employment and Income Support

31. Interpretation.

32. Functions of Minister.

33. Amendment to Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions)

Act 2007.

PART 5

Miscellaneous

34. Expenses.

SCHEDULE

Miscellaneous Amendments to Principal Act

Acts Referred to

Child Care Act 1991

1991, No. 17

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007

2007, No. 32

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Health Contributions Act 1979

1979, No. 4

Labour Services Act 1987

1987, No. 15

Labour Services Acts 1987 to 2009

Medical Practitioners Act 2007

2007, No. 25

Refugee Act 1996

1996, No. 17

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare and Pensions Act 2008

2008, No. 2

Social Welfare and Pensions Act 2009

2009, No. 10

Social Welfare and Pensions (No. 2) Act 2009

2009, No. 43

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

Terms of Employment (Information) Acts 1994 and 2001

Number

28

of

2010

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 January 2018

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS; TO MAKE FURTHER PROVISION IN

RELATION TO EMPLOYMENT SCHEMES, ASSISTANCE INOBTAINING EMPLOYMENT, THE PROVISION OF

WORK EXPERIENCE, EMPLOYMENT AND JOB PLACEMENT SERVICES; FOR THOSE PURPOSES TO PROVIDE

FOR THE TRANSFER OF CERTAIN FUNCTIONS OF THE MINISTER FOR EDUCATION AND SKILLS TO

THE MINISTER FOR SOCIAL PROTECTION AND AMEND AND EXTEND THE FUNCTIONS OF AN FORAS

ÁISEANNA SAOTHAIR; TO AMEND THE

LABOUR SERVICES ACT 1987

; TO MAKE FURTHER PROVISION FOR ASSISTANCE FOR EMPLOYMENT AND CERTAIN SCHEMES PROVIDING

EMPLOYMENT AND INCOME SUPPORT; TO TRANSFER CERTAIN PROGRAMMES AND SCHEMES UNDER THE

COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

TO THE MINISTER FOR SOCIAL PROTECTION; FOR THOSE PURPOSES TO AMEND THE

COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[21

st July

, 2010]

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.

2. Definitions.

PART 2

Amendments to Social Welfare Acts

3. Normal residence of qualified child — amendments.

4. Amendment to section 3 of Principal Act.

5. Limitation on the return of contributions — amendment.

6. Amendment to section 40 of Principal Act.

7. Jobseeker’s benefit — disqualification for course of study.

8. Incapacity supplement — amendment.

9. Jobseeker’s allowance — assessment of means.

10. Jobseeker’s allowance — amendment.

11. Pre-retirement allowance — assessment of means.

12. Disability allowance — amendment.

13. Farm assist — assessment of means.

14. Qualified person — amendment.

15. Amendment to section 320 of Principal Act.

16. Appeals to High Court — amendment.

17. Amendment to Schedule 3 to Principal Act.

18. Jobseeker’s benefit — reduction of rates in certain circumstances.

(Repealed)

19. Jobseeker’s allowance — reduction of rates in certain circumstances.

(Repealed)

20. Supplementary welfare allowance — reduction of weekly amount in certain circumstances.

(Repealed)

21. Rates of assistance — amendment.

22. Appointment of appeals officers — amendment.

23. Chief Appeals Officer — amendment.

24. Miscellaneous amendments to Principal Act.

25. One-parent family payment — amendments.

26. Domiciliary care allowance — amendment.

PART 3

(Repealed)

Functions of Minister Relating to An Foras Áiseanna Saothair

27. Interpretation.

(Repealed)

28. Advances by Minister to An Foras.

(Repealed)

29. Request by Minister to An Foras for reports and information.

(Repealed)

30. Directions by Minister to An Foras.

(Repealed)

PART 4

Assistance for Employment and Certain Schemes Providing Employment and Income Support

31. Interpretation.

32. Functions of Minister.

33. Amendment to Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions)

Act 2007.

PART 5

Miscellaneous

34. Expenses.

SCHEDULE

Miscellaneous Amendments to Principal Act

Number

28

of

2010