(LRC Revised)

Number 37 of 2010

SOCIAL WELFARE AND PENSIONS ACT 2010

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 2010

. 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

37

of

2010

SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 9 January

2023

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. Duration of illness benefit payment.

4. Proving unemployment by electronic communication.

5. Jobseeker’s allowance — days of unemployment.

6. Calculation of means for rent and mortgage supplement.

7. Provision by landlord of tax reference number for rent supplement.

8. Information required for personal public service number.

9. Public services card.

10. Carer’s allowance — assessment of means.

11. Supplementary welfare allowance — amendments.

12. Partial capacity benefit.

13. Amendment to section 91 of Principal Act.

14. Contributions by public office holders.

15. Amendment to section 2 of Principal Act.

16. Amendment to section 3 of Principal Act.

17. Amendment to Part 2 of Principal Act.

18. Widowed or surviving civil partner grant.

19. Miscellaneous amendments to Part 3 of Principal Act.

20. One-parent family payment.

21. Qualified adult.

22. Amendment to Part 6 of Principal Act.

23. Amendments to Part 9 of Principal Act.

24. Amendments to Part 12 of Principal Act.

25. Amendments to Schedule 3 of Principal Act.

26. Amendments to Principal Act relating to the Civil Partnership and Certain Rights

and Obligations of Cohabitants Act 2010.

27. Status of persons engaged in work experience pursuant to certain placements.

PART 3

Employment schemes and other schemes and programmes

28. Interpretation.

29. Functions of Minister in relation to employment schemes and related schemes and

programmes.

30. Amendment of section 4 of Act of 1987.

31. Transfer of rights and liabilities.

32. Transfer of certain property.

33. Transfer of certain members of staff of An Foras.

34. Amendment of Act of 2010.

35. Savings and transitional provisions relating to

section 30

.

PART 4

Transfer of Certain Employees, Property, etc. of Health Service Executive

36. Transfer of certain rights and liabilities of Executive.

37. Transfer of certain property of Executive.

38. Transfer of certain employees of Executive.

39. Amendment to section 208 of Principal Act.

PART 5

Approval of Certain Policies or Contracts of Assurance

40. Definition.

41. Amendment of section 48 of Principal Act.

42. New Part IVA of Principal Act.

43. Amendment of section 59 of Principal Act.

44. Amendment of Taxes Consolidation Act 1997.

45. Collective citation and commencement.

SCHEDULE 1

Amendments to Principal Act

SCHEDULE 2

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 3

Amendments to Principal Act Relating to the Civil Partnership and Certain Rights

and Obligations of Cohabitants Act 2010

Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Civil Service Regulation Acts 1956 to 2005

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Defence Act 1954

1954, No. 18

Defence (Amendment) Act 2007

2007, No. 24

Ethics in Public Office Acts 1995 and 2001

European Parliament (Irish Constituency Members) Act 2009

2009, No. 17

Finance Act 1970

1970, No. 14

Finance Act 2007

2007, No. 11

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Insurance Act 1989

1989, No. 3

Labour Services Act 1987

1987, No. 15

Labour Services Acts 1987 to 2010

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Pensions Act 1990

1990, No. 25

Pensions Acts 1990 to 2009

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Acts 1967 to 2007

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Social Welfare (Miscellaneous Provisions) Act 2008

2008, No. 22

Social Welfare (Miscellaneous Provisions) Act 2010

2010, No. 28

Social Welfare and Pensions Act 2007

2007, No. 8

Social Welfare and Pensions Act 2008

2008, No. 2

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

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

Number

37

of

2010

SOCIAL WELFARE AND PENSIONS ACT 2010

REVISED

Updated to 9 January

2023

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, TO CONFER CERTAIN FUNCTIONS RELATING

TO EMPLOYMENT SCHEMES AND RELATED SCHEMES AND PROGRAMMES ON THE MINISTER FOR SOCIAL

PROTECTION; TO AMEND THE LABOUR SERVICES ACT 1987 AND TO PROVIDE FOR THE TRANSFER

OF CERTAIN ASSETS, LIABILITIES, PROPERTY AND STAFF OF AN FORAS ÁISEANNA SAOTHAIR, TO PROVIDE FOR THE CONTINUANCE OF CERTAIN SCHEMES PROVIDED BY AN

FORAS ÁISEANNA SAOTHAIR AND FOR THE PROVISION BY THE MINISTER FOR SOCIAL PROTECTION OF THOSE

SCHEMES; TO PROVIDE FOR THE TRANSFER OF CERTAIN ASSETS, LIABILITIES, PROPERTY AND

EMPLOYEES OF THE HEALTH SERVICE EXECUTIVE; TO AMEND THE CRIMINAL JUSTICE (THEFT AND

FRAUD OFFENCES) ACT 2001, THE PENSIONS ACT 1990, AND THE TAXES CONSOLIDATION ACT 1997;

AND TO PROVIDE FOR RELATED MATTERS.

[21

st December

, 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. Duration of illness benefit payment.

4. Proving unemployment by electronic communication.

5. Jobseeker’s allowance — days of unemployment.

6. Calculation of means for rent and mortgage supplement.

7. Provision by landlord of tax reference number for rent supplement.

8. Information required for personal public service number.

9. Public services card.

10. Carer’s allowance — assessment of means.

11. Supplementary welfare allowance — amendments.

12. Partial capacity benefit.

13. Amendment to section 91 of Principal Act.

14. Contributions by public office holders.

15. Amendment to section 2 of Principal Act.

16. Amendment to section 3 of Principal Act.

17. Amendment to Part 2 of Principal Act.

18. Widowed or surviving civil partner grant.

19. Miscellaneous amendments to Part 3 of Principal Act.

20. One-parent family payment.

21. Qualified adult.

22. Amendment to Part 6 of Principal Act.

23. Amendments to Part 9 of Principal Act.

24. Amendments to Part 12 of Principal Act.

25. Amendments to Schedule 3 of Principal Act.

26. Amendments to Principal Act relating to the Civil Partnership and Certain Rights

and Obligations of Cohabitants Act 2010.

27. Status of persons engaged in work experience pursuant to certain placements.

PART 3

Employment schemes and other schemes and programmes

28. Interpretation.

29. Functions of Minister in relation to employment schemes and related schemes and

programmes.

30. Amendment of section 4 of Act of 1987.

31. Transfer of rights and liabilities.

32. Transfer of certain property.

33. Transfer of certain members of staff of An Foras.

34. Amendment of Act of 2010.

35. Savings and transitional provisions relating to

section 30

.

PART 4

Transfer of Certain Employees, Property, etc. of Health Service Executive

36. Transfer of certain rights and liabilities of Executive.

37. Transfer of certain property of Executive.

38. Transfer of certain employees of Executive.

39. Amendment to section 208 of Principal Act.

PART 5

Approval of Certain Policies or Contracts of Assurance

40. Definition.

41. Amendment of section 48 of Principal Act.

42. New Part IVA of Principal Act.

43. Amendment of section 59 of Principal Act.

44. Amendment of Taxes Consolidation Act 1997.

45. Collective citation and commencement.

SCHEDULE 1

Amendments to Principal Act

SCHEDULE 2

Amendments Relating to Supplementary Welfare Allowance

SCHEDULE 3

Amendments to Principal Act Relating to the Civil Partnership and Certain Rights

and Obligations of Cohabitants Act 2010

Number

37

of

2010